
Copyright N° 



COPYRIGHT DEPOSIT. 



/ 

CONSTITUTION 



OF THE 

"7 



State of Colorado 



Edited and Indexed by 
FRANK H. H. ROBERTS, A. M., Ph. D. 



ADOPTED MARCH 14, 1876, AND RATIFIED JULY 1, 1876, 
WITH AMENDMENTS. 



Copyright, 1910 
Herrick Book & Stationery Co. 



4 



V 



ACKNOWLEDGEMENT 

The editor is under great obligation to Wm. H. Gabbert, 
Justice of the Supreme Court, and to Thomas P. Dillon, 
Deputy Secretary of State, for valuable aid in preparing this 
book. 



NOTE 

In preparing this edition of the Constitution, the editor 
was unable to find a correctly printed copy of the Constitution 
of Colorado, hence the original copies of the Constitution and 
amendments thereto were used in preparing the copy. The 
punctuation has been faithfully followed and where the orig- 
inal was underscored boldface type has been used. The editor 
has inserted at the beginning of each section a note printed 
in boldface type. 



©CI.A27U21 



CONSTITUTION 



OF THE 



STATE OF COLORADO 



PREAMBLE. 

We, the People of Colorado, with profound reverence for 
the Supreme Ruler of the Universe, in order to form a more 
independent and perfect government; establish justice, insure 
tranquility ; provide for the common defense; promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution for 
THE "STATE OF COLORADO." 

ARTICLE I. 

Boundaries. 

The boundaries of the State of Colorado, shall be as fol- 
lows: Commencing on the thirty-seventh parallel of north 
latitude, where the twenty-fifth meridian of longitude west 
from Washington crosses the same; thence north, on said 
meridian, to the forty-first parallel of north latitude; thence 
along said parallel, west, to the thirty-second meridian of 
longitude west from Washington; thence south, on said merid- 
ian, to the thirty- seventh parallel of north latitude; thence 
along said thirty-seventh parallel of north latitude to the place 
of beginning. 

ARTICLE 1 1. 

Bill of Rights. 

In order to assert our rights, acknowledge our duties, and 
proclaim the principles upon which our government is founded, 
we declare: 

Sec. 1. Political power and origin of government. — 
That all political power is vested in and derived from the 
people; that all government, of right, originates from the 
people, is founded upon their will only, and is instituted solely 
for the good of the whole. 

Sec. 2. The right to alter or abolish the government. — 
That the people of this State have the sole and exclusive right 



4 CONSTITUTION OF COLORADO. 

of governing themselves, as a free, sovereign and independent 
State; and to alter and abolish their Constitution and form of 
government whenever they may deem it necessary to their 
safety and happiness; Provided, Such change be not repugnant 
to the Constitution of the United States. 

Sec. 3. Inalienable rights. — That all persons have certain 
natural, essential and inalienable rights, among which may be 
reckoned the right of enjoying and defending their lives and 
liberties; that of acquiring, possessing, and protecting prop- 
erty; and of seeking and obtaining their safety and happiness. 

Sec. 4. Religious freedom. — That the free exercise and 
enjoyment of religious profession and worship, without dis- 
crimination, shall forever hereafter be guaranteed; and no 
person shall be denied any civil or political right, privilege, or 
capacity, on account of his opinions concerning religion; but 
the liberty of conscience hereby secured shall not be construed 
to dispense with oaths or affirmations, excuse acts of licen- 
tiousness, or justify practices inconsistent with the good order, 
peace or safety of the State. No person shall be required to 
attend or support any ministry or place of worship, religious 
sect, or denomination against his consent. Nor shall any pref- 
erence be given by law to any religious denomination or mode 
of worship. 

Sec. 5. Elections and suffrage. — That all elections shall be 
free and open; and no power, civil or military, shall at any 
time interfere to prevent the free exercise of the right of 
suffrage. 

Sec. 6. Courts open to all. — That Courts of Justice shall be 
open to every person, and a speedy remedy afforded for every 
injury to person, property, or character; and that right and 
justice should be administered without sale, denial, or delay. 

Sec. 7. Searches and siezures. — That the people shall be 
secure in their persons, papers, homes, and effects, from 
unreasonable searches and seizures; and no warrant to search 
any place or seize any person or thing shall issue without des- 
cribing the place to be searched or the person or thing to be 
seized, as near as may be, nor without probable cause, sup- 
ported by oath or affirmation reduced to writing. 

Sec. 8. Criminal proceedings by indictment. — That, until 
otherwise provided by law, no person shall, for a felony, be 
proceeded against criminally, otherwise than by indictment, 
except in cases arising in the land or naval forces, or in the 
militia when in actual service in time of war or public danger. 
In all other cases, offenses shall be prosecuted criminally by 
indictment or information. 

Sec. 9. Treason, bill of attainder, suicide. — That treason 
against the State can consist only in levying war against it, or 
in adhering to its enemies, giving them aid and comfort; that 
no person can be convicted of treason, unless on the testimony 



CONSTITUTION OF COLORADO. 5 

of two witnesses to the same overt act, or on his confession in 
open Court; that no person can be attainted of treason or felony 
by the General Assembly; that no conviction can work corrup- 
tion of blood or forfeiture of estate; that the estates of such 
persons as may destroy their own lives shall descend or vest 
as in cases of natural death. 

Sec. 10. Freedom of speech and the press. — That no law 
shall be passed impairing- the freedom of speech; that every 
person shall be free to speak, write or publish whatever he will 
on any subject, being responsible for all abuse of that liberty; 
and that in all suits and prosecutions for libel the truth 
thereof may be given in evidence, and the jury, under the 
direction of the Court, shall determine the law and the fact. 

Sec. 11. Ex post facto laws. — That no ex post facto law, 
nor law impairing the obligation of contracts, or retrospective 
in its operation, or making any irrevocable grant of special 
privileges, franchises or immunities, shall be passed by' the 
General Assembly. 

Sec. 12. Imprisonment for debt. — That no person shall be 
imprisoned for debt, unless upon refusal to deliver up his estate 
for the benefit of his creditors, in such manner as shall be 
prescribed by law, or in cases of tort or where there is a strong 
presumption of fraud. 

Sec. 13. Right to bear arms. — That the right of no person 
to keep and bear arms in defense of his home, person and 
property, or in aid of the civil power when thereto legally sum- 
moned, shall be called in question; but nothing- herein con- 
tained shall be construed to justify the practice of carrying 
concealed weapons. 

Sec. 14. Eminent domain. — That private property shall not 
be taken for private use unless by consent of the owner, except 
for private ways of necessity, and except for reservoirs, drains, 
flumes or ditches on or across the lands of others, for agri- 
cultural, mining-, milling, domestic or sanitary purposes- 

Sec. 15. Eminent domain. — That private property shall not 
be taken or damaged, for public or private use without just 
compensation. Such compensation shall be ascertained by a 
Board of Commissioners, of not less than three freeholders, or 
by a jury, when required by the owner of the property, in such 
manner as may be prescribed by law, and until the same shall 
be paid to the owner, or into court for the owner, the property 
shall not be needlessly disturbed, or the proprietary rig-hts of 
the owner therein divested; and whenever ah attempt is made 
to take private property for a use alleged to be public, the 
question whether the contemplated use be really public, shall 
be a judicial question, and determined as such without regard 
to any legislative assertion that the use is public. 

Sec. 16. Prosecutions, right of defendant. — That in crimi- 
nal prosecutions the accused shall have the right to appear and 



6 CONSTITUTION OF COLORADO. • 

defend in person and by counsel; to demand the nature and 
cause of the accusation; to meet the witnesses against him face 
to face; to have process to compel the attendance of witnesses 
in his behalf, and a speedy public trial by an impartial jury 
of the county or district in which the offense is alleged to have 
been committed. 

Sec. 17. Right of witnesses. — That no person shall be im- 
prisoned for the purpose of securing his testimony in any case 
longer than may be necessary in order to take his deposition. 
If he can give security he shall be discharged; if he cannot give 
security, his deposition shall be taken by some Judge of the 
Supreme, District or County Court, at the earliest time he can 
attend, at some convenient place by him appointed for that 
purpose, of which time and place the accused and the attorney 
prosecuting for the people, shall have reasonable notice. The 
accused shall have the right to appear in person and by coun- 
sel. If he have no counsel, the Judge shall assign him one in 
that behalf only. On the completion of such examination the 
witness shall be discharged on his own recognizance, entered 
into before said Judge, but such deposition shall not be used if 
in the opinion of the Court the personal attendance of the wit- 
ness might be procured by the prosecution, or is procured by 
the accused. No exception shall be taken to such deposition 
as to matters of form. 

Sec. 18. Rights of accused. — That no person shall be com- 
pelled to testify against himself in a criminal case, nor shall 
any person be twice put in jeopardy for the same offense. If 
the jury disagree, or if the judgment be arrested after verdict, 
or if the judgment be reversed for error in law, the accused 
shall not be deemed to have been in jeopardy. 

Sec. 19. Right to bail. — That all persons shall be bailable 
by sufficient sureties except for capital offenses, when the 
proof is evident or the presumption great. 

Sec. 20. Excessive bail. — That excessive bail shall not be 
required, nor excessive fines imposed, nor cruel and unusual 
punishment inflicted. 

Sec. 21. Habeas corpus. — That the privilege of the writ of 
habeas corpus shall never be suspended, unless when in case of 
rebellion or invasion, the public safety may require it. 

Sec. 22. Military subordinate to civil power. — That the 
military shall always be in strict subordination to the civil 
power; that no soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of 
war except in the manner prescribed by law. 

Sec. 23. Trial by jury. — The right of trial by jury shall 
remain inviolate in criminal cases; but a jury in civil cases in 
all Courts, or in criminal cases in Courts not of record, may 
consist of less than twelve men, as may be prescribed by law- 
Hereafter a Grand Jury shall consist of twelve men, any nine 



A 



CONSTITUTION OF COLORADO. 7 

of whom concurring may find an indictment: Provided, The 
General Assembly may change, regulate or abolish the Grand 
Jury system. 

Sec. 24. Right of petition. — That the people have the right 
peaceably to assemble for the common good, and to apply to 
those invested with the powers of government for redress of 
grievances, by petition or remonstrance. 

Sec. 25. Due process of law. — That no person shall be 
deprived of life, liberty, or property, without due process of 
law. 

Sec. 26. Slavery. — That there shall never be in this State 
either slavery or involuntary servitude, except as a punishment 
or crime, whereof the party shall have been duly convicted. 

Sec. 27. Property rights of Aliens. — Aliens, who are or 
who may hereafter become bona fide residents of this State, 
may acquire, inherit, possess, enjoy and dispose of property, 
real and personal, as native born citizens. 

Sec. 28. Rights reserved. — The enumeration in this Con- 
stitution of certain rights shall not be construed to deny, 
impair, or disparage, others retained by the people. 

ARTICLE III. 

Distribution of Powers. 

The powers of the government of this State are divided 
into three distinct departments, — the Legislative, Executive and 
Judicial; and no person or collection of persons, charged with 
the exercise of powers properly belonging to one of these 
departments shall exercise any power properly belonging to 
either of the others, except as. in this Constitution expressly 
directed or permitted. 

ARTICLE IV. 

Executive Department. 

Sec. 1. Elective executive officers. — The Executive De- 
partment shall consist cf a Governor, Lieutenant Governor, 
Secretary of State, Auditor of State, Stale Treasurer, Attorney 
General, and Superintendent of Public Instruction, each of 
whom shall hold his office for the term of two years, begin- 
ning on the second Tuesday of January next after his election; 
Provided, That the terms cf office of those chosen at the first 
election held under this Constitution shall begin on the day 
appointed for the first meeting of the General Assembly. The 
officers of the Executive Department, except the Lieutenant 
Governor, shall, during their term of office, reside at the seat 
of government, where they shall keep the public records, books 
and papers. They shall perform such duties as are prescribed 
by this Constitution or by law. 



8 CONSTITUTION OF COLORADO. 

Sea. 2. The Governor. — The supreme executive power of 
the State shall be vested in the Governor, who shall take care 
that the laws be faithfully executed. \ 

Sec. 3. Elections, vote canvassed. — The officers named in 
section one of this article, shall be chosen on the day of the gen- 
eral election, by the qualified electors of the State. The returns 
of every election for said officers shall be sealed up and trans- 
mitted to the Secretary of State, directed to the Speaker of 
the House of Representatives, who shall immediately, upon the 
organization of the House, and before proceeding to other 
business, open and publish the same in the presence of a major- 
ity of the members of both Houses of the General Assembly, 
who shall for that purpose assemble in the House of Repre- 
sentatives. The person having the highest number of votes 
for either of said offices shall be declared duly elected, but if 
two or more have an equal and the highest number of votes 
for the same office, one of them shall be chosen thereto by the 
two Houses, on joint ballot. Contested elections for said offices 
shall be determined by the two Houses, on joint ballot, in such 
manner as may be prescribed by law. 

Sec. 4. Eligibility. — No person shall be eligible to the 
office of Governor, Lieutenant Governor, or Superintendent of 
Public Instruction unless he shall have attained the age of 
thirty years, nor to the office of Auditor of State, Secretary of 
State, or State Treasurer, unless he shall have attained the 
age of twenty-five years, nor to the office of Attorney General 
unless he shall have attained the age of twenty-five years, 
and be a licensed attorney of the Supreme Court of the State, 
or of the Territory of Colorado, in good standing. At the first 
election under this Constitution, any person being a qualified 
elector at the time of the adoption of this Constitution, and . 
having the qualifications above herein prescribed for any one 
of said offices shall be eligible thereto; but thereafter no per- 
son shall be eligible to any one of said offices unless, in addi- 
tion to the qualifications above prescribed therefor, he shall be 
a citizen of the United States, and have resided within the 
limits of the State two years next preceding his election. 

Sec. 5. Commander-in-chief of militia. — The Governor 
shall be commander-in-chief of the military forces of thc^ 
State, except when they shall be called into actual service of 
the United States. He shall have power to call out the militia 
to execute the laws, suppress insurrection or repel invasion. 

Sec. 6. Appointment of officers — Vacancies. — The Govern- 
or shall nominate, and by and with the consent of the Senate, 
appoint all officers whose offices are established by this Con- 
stitution, or which may be created by law, and whose appoint- 
ment or election is not otherwise provided for, and may remove 
any such officer for incompetency, neglect of duty or malfeas- 
ance in office. If during the recess of the Senate a vacancy 
occur in any such office, the Governor shall appoint some fit 



CONSTITUTION OF COLORADO. 9 

person to discharge the duties thereof until the next meeting 
of the Senate, when he shall nominate some person to fill such 
office. If the office of Auditor of State, State Treasurer, Secre- 
tary of State, Attorney General, or Superintendent of Public 
Instruction shall be vacated by death, resignation or otherwise, 
it shall be the duty of the Governor to fill the same by appoint- 
ment, and the appointee shall hold his office until his successor 
shall be elected and qualified in such manner as may be provided 
by law. The Senate in deliberating upon executive nominations 
may sit with closed doors, but in acting upon nominations they 
shall sit with open doors, and the vote shall be taken by ayes 
and noes, which shall be entered upon the journal. 

Sec. 7. Reprieves, commutations and pardons. — The Gov- 
ernor shall have power to grant reprieves, commutations and 
pardons after conviction, for all offenses except treason, and 
except in case of impeachment, subject to such regulations as 
may be prescribed by law relative to the manner of applying 
for pardons, but he shall in every case where he may exercise 
this power, send to the General Assembly, at its first session 
thereafter, a transcript of the petition, all proceedings, and the 
reasons for his action. 

Sec. 8. Governor's messages. — The Governor may require 
information in writing from the officers of the Executive 
department upon any subject relating to the duties of their 
respective offices, which information shall be given upon oath 
whenever so required; he may also require information in writ- 
ing at any time, under oath, from all officers and managers of 
State institutions, upon any subject relating to the condition, 
management and expenses of their respective offices and insti- 
tutions. The Governor shall, at the commencement of each 
session, and from time to time, by message, give to the General 
Assembly information of the_condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall 
also send to the General Assembly a statement, with vouchers, 
of the expenditures of all moneys belonging to the State and 
paid out by him. He shall, at the commencement of eacli 
session, present estimates of the amount of money required to 
be raised by taxation for all purposes of the State. 

Sec. 9. Extraordinary sessions of General Assembly and 
Senate. — The Governor may, on extraordinary occasions con- 
vene the General Assembly, by proclamation, stating therein 
the purpose for which it is to assemble; but at such special 
session no business shall be transacted other than that specially 
named in the proclamation. He may by proclamation, convene 
the Senate in extraordinary session for the transaction of 
Executive business. 

Sec. 10. Governor may prorogue the General Assembly. — 
The Governor, in case of a disagreement between the two 
Houses as to the time of adjournment, may upon the same 
being certified to him, by the House last moving adjournment, 



10 CONSTITUTION OF COLORADO. 

adjourn the General Assembly to a day not later than the first 
day of the next regular session. 

Sec. 11. Legislative power of Governor. — Every bill passed 
by the General Assembly shall, before it becomes a law, be pre- 
sented to the Governor. If he approve, he shall sign it, and 
thereupon it shall become a law, but if he do not approve, he 
shall return it, with his objections, to the House in which it 
originated, which House shall enter the objections at large 
upon its journal, and proceed to reconsider the bill. If then, 
two-thirds of the members elected agree to pass the same, it 
shall be sent, together with the objections, to the other House, 
by which it shall likewise be reconsidered, and if approved by 
two- thirds of the members elected to that House, it shall become 
a law, notwithstanding the objections of the Governor. In all 
such cases the vote of each House shall be determined by ayes 
and noes, to be entered upon the journal. If any bill shall not 
be returned by the Governor within ten days after it shall have 
been presented to him, the same shall be a law in like manner 
as if he had signed it, unless the General Assembly shall by 
their adjournment prevent its return, in which case it shall be 
filed with his objections, in the office of the Secretary of State, 
within thirty days after such adjournment, or else become a law. 

Sec. 12. Appropriation bills, veto by items. — The Governor 
shall have power to disapprove of any item or items of any bill 
making appropriations of money, embracing distinct items, and 
the part or parts of the bill approved shall be law, and the 
item or items disapproved shall be void, unless enacted in man- 
ner following: If the General Assembly be in session, he shall 
transmit to the House in which the bill originated a copy of the 
item or items thereof disapproved, together with his objections 
thereto, and the items objected to shall be separately recon- 
sidered, and each item shall then take the same course as is 
prescribed for the passage of bills over the Executive veto. 

Lieutenant Governor. 

Sec. 13. Succession to office of Governor. — In case of the 
death, impeachment, or conviction of felony or infamous mis- 
demeanor, failure to qualify, resignation, absence from the 
State, or other disability of the Governor, the powers, duties 
and emoluments of the office, for the residue of the term, or 
until the disability be removed, shall devolve upon the Lieu- 
tenant Governor. 

Sec. 14. Legislative duty. — The Lieutenant Governor shall 
be President of the Senate, and shall vote only when the Senate 
is equally divided. In case of the absense, impeachment, or dis- 
qualification from any cause of the Lieutenant Governor, or 
when he shall hold the office of Governor, then the President 
pro tempore of the Senate shall perform the duties of the Lieu- 
tenant Governor, until the vacancy is filled or the disability 
removed. 



CONSTITUTION OF COLORADO. 11 

Sec. 15. Who shall act as Governor. — In case of the failure 
to qualify in his office, death, resignation, absence from the State, 
impeachment, conviction of felony, or' infamous misdemeanor, 
or disqualification from any cause, of both the Governor and 
Lieutenant Governor, the duties of the Governor shall devolve 
on the President of the Senate pro tempore, until such disquali- 
fication of either the Governor or Lieutenant Governor be 
removed, or the vacancy be filled; and if the President of the 
Senate, for any of the above named causes, shall become incap- 
able of performing the duties of Governor, the same shall 
devolve upon the Speaker of the House. 

Section 16. Report of receipts and expenditures of public 
institutions. — An account shall be kept by the officers of the 
Executive Department and of all public institutions of the State, 
of all moneys received by them severally from all sources, and 
for every service performed, and of all moneys disbursed by 
them severally, and a semi-annual report thereof shall be made 
to the Governor under oath. 

Sec. 17. Reports. — The officers ol the Executive Depart- 
ment, and of all Public Institutions of the State, shall, at least 
twenty days preceeding each regular session .of the General 
Assembly, make full and complete reports of their actions "to 
the Governor, who shall transmit the same to the General 
Assembly. 

Sec. 18. The seal. — There shall be a seal of the Stale, 
which shall be kept by the Secretary of State, and shall be 
called the "Great Seal of the State of Colorado." The seal of 
the Territory of Colorado as now used, shall be the seal of the 
State, until otherwise provided by law. 

Sec. 19. Salaries and fees. — The officers named in section 
one of this article shall receive for their services a salary to be 
established by law, which shall not be increased or diminished 
during their official terms. It shall be the duty of all such 
officers to collect in advance all fees prescribed by law for 
services rendered by them severally, and pay the same into the 
State Treasury. 

Sec. 20. State Librarian. — The Superintendent of Public 
Instruction shall be ex officio State Librarian. 

Sec. 21. Ineligibility of Auditor and Treasurer. — Neither 
the State Treasurer nor State Auditor shall be eligible for 
re-election as his own immediate successor. 

ARTICLE V. 

Legislative Department. 

Sec. 1. General Assembly. — The legislative power shall 
be vested in the General Assembly, which shall consist of a 
Senate and House of Representatives, both to be elected by the 
people. 



12 CONSTITUTION OF COLORADO. 

Sec. 2. First elections — Vacancies. — An election for mem- 
bers of the General Assembly shall be held on the first Tuesday 
in October, in the years of our Lord 1876 and 1878, and in each 
alternate year thereafter, on such day, at such places in each 
county as now are or hereafter may be provided by law. The 
first election for members of the General Assembly under the 
State organization, shall be conducted in the manner prescribed 
by the laws of Colorado Territory, regulating elections for 
members of the Legislative Assembly thereof. When vacancies 
occur in either House, the Governor, or person exercising the 
powers of Governor, shall issue writ of election to fill such 
vacancies. 

Sec. 3. Terms of members. — Senators shall be elected for 
the term of four years, except as hereinafter provided, and 
Representatives for the term of two years. 

Sec. 4. Eligibility. — No person shall be a Representative or 
Senator who shall not have attained the age of twenty-five 
years, who shall not be a citizen of the United States, who 
shall not for at least twelve months next preceeding his elect- 
ion have resided within the territory included in the limits of 
the county or district in which he shall be chosen; Provided, 
That any person who, at the time of the adoption of this Con- 
stitution, was qualified elector under the Territorial laws, shall 
be eligible to the first General Assembly. 

Sec. 5. Classification of senators. — The Senators, at their 
first session, shall be divided into two classes. Those elected 
in districts designated by even numbers shall constitute one 
class; those elected in districts designated by odd numbers shall 
constitute the other class, except that Senators elected in each 
of the districts having more than one Senator shall be equally 
dwided between the two classes. The Senators of on class shall 
hold for two years; those of the other class shall hold for four 
years, to be decided by lot between the two classes, so that one- 
half of the Senators, as near as practicable, may be biennially 
chosen forever thereafter. 



[Section 6 originally read: "Each member of the First General 
Assembly, as a compensation for his services, shall receive four 
dollars for each day's attendance, and fifteen cents for each 
mile necessarily traveled in going to and returning from the 
seat of government; and shall receive no other compensation, 
perquisite or allowance whatever. No session of the General 
. Assembly, after the first, shall exceed forty, days. After the 
first session, the compensation of the members of the General 
Assembly, shall be as provided by law; Provided, That no Gen- 
eral Assembly shall fix its own compensation."] 



But November 4, 1884, it was amended to read as follows: 

Sec. 6. Compensation of members. — Each member of the 

General Assembly, until otherwise provided by law, shall 



CONSTITUTION OF COLORADO. 13 

receive as compensation for his services, seven dollars ($7.00) 
for each day's attendance and fifteen (15) cents for each mile 
necessarily traveled in going to and returning from the seat of 
government, and shall receive no other compensation, perquis- 
ite, or allowance whatsoever. No session of the General Assem- 
bly shall exceed ninety days. No General Assembly shall fix 
its own compensation. 

Sec. 7. Time of meeting, beginning of term of office has 
been changed by statutes to first Wednesday in December. — 
The General Assembly shall meet at 12 o'clock, noon, on the 
first Wednesday in November, A. D. 1876; and at 12 o'clock, 
noon, on the first Wednesday in January, A. D. 1879, and at 12 
o'clock, noon, on the first Wednesday in January, of each alter- 
nate year forever thereafter, and at other times when convened 
by the Governor. The term of service of the member* thereof 
shall begin on the first Wednesday of November next after 
.their election, until otherwise provided by law. 

Sec. 8. Who disqualified. — No Senator or Representative 
shall, during the time for which he shall have been elected, be 
appointed to any civil office under this State; and no member 
of Congress, or other person holding any office (except of 
attorney- at -law, notary public, or in the militia) under the 
United States or this State, shall be a member of either House 
during his continuance in office. 

Sec. 9. Increase of salary forbidden. — No member of either 
House shall, during the term for which he may have been 
elected, receive any increase of salary or mileage, under any 
law passed during such term. 

Sec. 10. President pro tern of the senate, speaker of the 
house. — The Senate shall, at the beginning and close of each 
regular session, and at such other times as may be necessary, 
elect one of its members President pro tempore. The House of 
Representatives shall elect one of its members as Speaker. 
Each House shall choose its other officers, and shall judge of 
the election and qualification of its members. 

Sec. 11. A quorum. — A majority of each House shall con- 
stitute a quorum, but a smaller number may adjourn from day 
to day, and compel the attendance of absent members. 

Sec. 12. Who makes the rules. — Each House shall have 
power to determine the rules of its proceedings and punish its 
members or other persons for contempt or disorderly behavior 
in its presence; to enforce obedience to its process; to protect 
its members against violence, or offers of bribes, or private 
solicitation, and, with the concurrence of two-thirds, to expel 
a member, but not a second time for the same cause, and shall 
have all other powers necessary for the Legislature of a free 
State. A member expelled for corruption shall not thereafter be 
eligible to either House of the same General Assembly, and 
punishment for contempt or disorderly behavior shall not bar 
an indictment for the same offense. 



14 CONSTITUTION OF COLORADO. 

Sec. 13. The journal — Each House shall keep a journal of 
its proceedings, and may, in its discretion, from time to time, 
publish the same, except such parts as require secrecy, and the 
ayes and noes on any question shall, at the desire of any two 
members, be entered on the journal. 

Sec. 14. Open sessions. — The sessions of each House, and 
of the committees of the whole, shall be open, unless when the 
business is such as ought to be kept secret. 

Sec. 15. Adjournment for more than three days. — Neither 
House shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Sec. 16. Special immunities. — The members of the General 
Assembly shall in all cases except treason, felony, violation of 
their oath of office, and breach or surety of the peace, be privi- 
leged from arrest during their attendance at the sessions of 
their respective Houses, and in going to and returning from the 
same; and for any speech or debate in either House they shall 
not be questioned in any other place. 

Sec. 17. Method of legislating. — No law shall be passed 
except by bill, and no bills shall be so altered or amended on 
its passage through either House as to change its original 
purpose. 

Sec. 18. The enacting clause. — The style of the laws of this 
State shall be: "Be it enacted by the General Assembly of the 
Sate of Colorado." 



[Section 19 originally read: "No act of the General Assem- 
bly shall take effect until ninety days after its passage, unless 
In. case of emergency, (which shall be expressed in the pre- 
amble or body of the Act), the General Assembly shall, by a 
vote 1 of two-thirds of all the members elected to each House, 
otherwise direct. No bill except the general appropriation for 
the expenses of the government only introduced in either House 
of the General Assembly after the first twenty-five days of the 
session shall become a law."] 



But November 4, 1884, it was amended to read as follows: 
Sec. 19. When act takes effect — Bills must be introduced 
during first thirty days — Exception. — No act of the General 
Assembly shall take effect until ninety days after its passage 
(except in cases of emergency, which shall be expressed in the 
act), unless the General Assembly shall, by a vote of two-thirds 
of all the members elected to each House, otherwise direct. No 
bill, except the general appropriation bill for the expenses of 
the government only, introduced in either House of the General 
Assembly after the first thirty days of the session, shall become 
a law. 

Sec. 20. All bills must be referred to a committee. — No bill 



CONSTITUTION OP COLORADO. 15 

shall be considered or become a law unless referred to a com- 
mittee, returned therefrom, and printed for the use of the 
members. 

Sec. 21. A bill may contain one subject only — Exception. — ■ 

No bill , except general appropriation bills, shall be passed con- 
taining- more than one subject, which shall be clearly expressed 
in its title; but if any subject shall be embraced in any act 
which shall not be expressed in the title, such act shall be void 
only as to so much thereof as shall not be so expressed. 



[Section 22 originally read: "Every bill shall be read at 
length, on three different days in each House; all substantial 
amendments made thereof shall be printed for the use of the 
members, before the final vote is taken on the bill; and no bill 
shall become a law, except by vote of a majority of all the 
members elected to each House, nor unless on its final passage 
the vote be taken by ayes and noes, and the names of those 
voting be entered on the journal."] 



But November 4, 1884, this section was amended to read 
as follows: 

Sec. 22. Readings, amendments and passage of bills. — 
Every bill shall be read by title when introduced, and at length 
on two different days in each House; all substantial amend- 
ments made thereto, shall be printed for the use of the mem- 
bers before the final vote is taken on the bill; and no bill 
shall become a law except by vote of a majority of all the mem- 
bers elected to each House, nor unless on its final passage, the 
vote be taken by ayes and noes, and the names of those voting 
be entered on the journal. 

Sec. 23. Vote on amendment. — No amendment to any bill 
by one House shall be concurred in by the other, nor shall the 
report of any Committee of Conference be adopted in either 
House except by a vote of a, majority of the members elected 
thereto, taken by ayes and noes, and the names of those voting 
recorded upon the journal thereof. 

Sec. 24. Method of reviving, amending and extending 
laws. — No law shall be revived, or amended, or the provisions 
thereof extended or conferred by reference to its title only, but 
so much thereof as is revived, amended, extended, or conferred, 
shall be re-enacted and published at length. 

Sec. 25. Special legislation that is prohibited. — The Gen- 
eral Assembly shall not pass local or special laws in any of 
the following enumerated cases, that is to say: For granting 
divorces; laying out, opening, altering or working roads or 
highways; vacating roads, town plats, streets, alleys and public 
grounds; locating or changing county seats; regulating county 
or township affairs; regulating the practice in courts of justice; 
regulating the jurisdiction and duties of justices of the peace, 



16 CONSTITUTION OP COLORADO. 

police magistrates and constables; changing the rules of evi- 
dence in any trial or inquiry; providing for changes of venue 
in civil or criminal cases; declaring any person of age; for limi- 
tation of civil actions or giving effect to informal or invalid 
deeds; summoning or impaneling grand or petit juries; provid- 
ing for the management of common schools; regulating the 
rate of interest on money; the opening or conducting of atxr 
election, or designating the place of voting; the sale of mort- 
gage of real estate belonging to minors or others under disab- 
ility; the protection of game or fish; chartering or licensing 
ferries or toll bridges; remitting fines, penalties or forfeitures; 
creating, increasing or decreasing fees, percentage or allow- 
ances of public officers; changing the law of descent; grant- 
ing to any corporation, association or individual the right to lay 
down railroad tracks; granting to any corporation, association 
or individual any special or exclusive privilege, immunity or 
franchise whatever. In all other cases, where a general law 
can be made applicable, no special law shall be enacted. 

Section 25a was added to the Constitution Nov. 4, 1902. 

Sec. 25a. Eight hour employment. — The General Assembly 

shall provide by law, and shall prescribe suitable penalties for 
the violation thereof, for a period of employment not to exceed 
eight (8) hours within any twenty-four (24) hours (except in 
cases of emergency where life or property is in imminent 
danger), for persons employed in underground mines or other 
underground workings, blast furnaces, smelters; and any ore 
reduction works or other branch of industry or labor that the 
General Assembly may consider injurious or dangerous to 
health, life or limb. 

Sec. 26. Presiding officers must sign bills. — The presiding 
officer of each House shall, in the presence of the House over 
which he presides, sign all bills and joint resolutions passed 
by the General Assembly, after their titles shall have been pub- 
licly read, immediately before signing; and the fact of the sign- 
ing shall be entered on the journal. 

Sec. 27. Employees. — The Genera! Assembly shall prescribe 
by law the number, duties and compensation of the officers 
and employes of each House; and no payment shall be made 
from the State Treasury, or be in any way authorized to any 
person, except to an acting officer or employe elected or 
appointed in pursuance of law. 

Sec. 28. Extra compensation. — No bill shall be passed giv- 
ing any extra compensation to any public officer, servant or 
employe, agent or contractor, after services shall have been 
rendered or contract made, nor providing for the payment of 
any claim made against the State without previous authority 
of law. 

Sec. 29. Contracts. — All stationery, printing, paper and fuel 
used in the legislative and other departments of government shall 



CONSTITUTION OF COLORADO. 17 

be furnished; and the printing and binding and distributing 
of the laws, journals, department reports, and other printing 
and binding; and the repairing and furnishing the halls and 
rooms used for the meeting of the General Assembly and its 
committees, shall be performed under contract, to be given to 
the lowest responsible bidder, below such maximum price and 
under such regulations as may be prescribed by law. No mem- 
ber or officer of any department of the government shall be 
in any way interested in any such contract; and all such con- 
tracts shall be subject to the approval of the Governor and 
State Treasurer. 



[Section 30 originally read: "Except as otherwise pro- 
vided in this Constitution, no law shall extend the term of any 
public officer, or increase or diminish his salary or emoluments 
after his election or appointment; Provided, This shall not be 
construed to forbid the General Assembly to fix the salary or 
emoluments of those first elected or appointed under this Con- 
stitution."] 



But November 7, 1882, section 30 was amended to read as 
follows: 

Sec. 30. — Except as otherwise provided in this Constitution, 
no law shall extend the term of any public officer, or increase 
or diminish his salary or emoluments after his election or 
appointment; Provided, That on and after the first day of 
March, A. D. 1.881, the salaries of the following designated pub- 
lic officers, including those thereof who may then be incum- 
bents of such offices, shall be as herein provided, viz: TheGov- 
ernor shall receive an annual salary of five thousand dollars, 
and the further sum of fifteen hundred dollars for the payment 
of a private secretary. The judges of the Supreme Court shall 
each receive an annual salary of five thousand dollars. The 
judges of the district courts shall each receive an annual salary 
of four thousand dollars. 

Sec. 31. Legislative initiative. — All bills for raising rev- 
enue shall originate in the House of Representatives; but the 
Senate may propose amendments, as in case of other bills. 

Sec. 32. Appropriation bills. — The General Appropriation 
Bill shall embrace nothing but appropriations for the ordinary 
expenses of the executive, legislative and judicial departments 
of the State, interest on the public debt, and for public schools. 
All other appropriations shall be made by separate bills, each 
embracing but one subject. 

Sec. 33. How money is paid out of treasury. — No money 
shall be paid out of the treasury except upon appropriations 
made by law, and on warrant drawn by the proper officer in 
pursuance thereof. 

Sec. 34. Limit on appropriations for charity, education, 
etc. — No appropriation shall be made for charitable, industrial, 

2 



18 CONSTITUTION OP COLORADO. 

educational or benevolent purposes, to any person, corporation, 
or community not under the absolute control of the State, nor 
to any denominational or sectarian institution or association. 

Sec. 35. Cases in which legislative power may not be dele- 
gated. — The General Assembly shall not delegate to any special 
commission, private corporation, or association, any power to 
make, supervise or interfere with any municipal improvement, 
money, property or effects, whether held in trust or otherwise, 
or to levy taxes, or perform any municipal function whatever. 

Sec. 36. Trust funds. — No act of the General Assembly 
shall authorize the investment of trust funds by executors, 
administrators, guardians, or other trustees, in the bonds or 
stock of any private corporation. 

Sec. 37. Change of venue. — The power to change the venue 
in civil and criminal cases shall be vested in the courts, to be 
exercised in such a manner as shall be prescribed by law. 

Sec. 38. Release, transfer or any impairment of liability 
forbidden. — No obligation or liability of any person, association 
or corporation, held or owned by the State, or any municipal 
corporation therein, shall ever be exchanged, transferred, 
remitted, released, or postponed, or in any way diminished, by 
the General Assembly, nor shall such liability or obligation be 
extinguished except by payment thereof into the proper 
Treasury. 

Sec. 39. Governor's legislative power. — Every order, reso- 
lution or vote to which the concurrence of both Houses may be 
necessary, except on the question of adjournment, or relating 
solely to the transaction of business of the two Houses, shall 
be presented to the Governor, and before it shall take effect, 
be approved bj him, or being disapproved, shall be re-passed 
by two-thirds of both Houses, according to the rules and limi- 
tations prescribed in case of a bill. 

Sec. 40. Bribery and punishment. — If any person elected 
to either House of the General Assembly shall offer or promise 
to give his vote or influence in favor of or against any measure 
or proposition pending or proposed to be introduced in the Gen- 
eral Assembly, in consideration or upon condition that any 
other person elected to the same General Assembly will give, 
or will promise, or assent to give his vote or influence in favor 
of or against any other measure or proposition, pending or pro- 
posed to be introduced in such General Assmbly, the person 
making such offer or promise, shall be deemed guilty of solici- 
tation of bribery. If any member of the General Assembly shall 
give his vote or influence for or against any measure or propo- 
sition pending in such General Assembly, or offer, promise or 
assent so to do, upon condition that any other member will give 
or will promise or assent to give his vote or influence in favor 
of or against any other measure or proposition pending or pro- 
posed to be introduced in such General Assembly or in consid- 



CONSTITUTION OP COLORADO. 19 

eration that any other member hath given his vote or influence 
for or against any other measure or proposition in such General 
Assembly, he shall be deemed guilty of bribery, and any mem- 
ber of the General Assembly, or person elected thereto, who 
shall be guilty of either of such offenses shall be expelled, and 
shall- not be thereafter eligible to the same General Assembly; 
and, on conviction thereof in the civil courts, shall be liable to 
such further penalties as may be prescribed by law. 

Sec. 41. Bribery. — Any person who shall directly or indi- 
rectly offer, give or promise any money or thing of value, testi- 
monial, privilege, or personal advantage to any executive or 
judicial officer or member of the General Assembly, to influ- 
ence him in the performance of any of his public or official 
duties, shall be deemed guilty of bribery, and be punished in 
such manner as shall be provided by law. 

Sec. 42. Corrupt solicitation. — The offense of corrupt solici- 
tation of meunbers of the General Assembly, or of public 
officers of the State, or of any municipal division thereof, and 
any occupation or practice of solicitation of such members or 
officers to influence their official action, shall be defined by 
law, and shall be punished by fine and imprisonment. 

Sec. 43. Personal or private interest of members. — A mem- 
ber who has a personal or private interest in any measure or 
bill proposed or pending before the General Assembly, shall 
disclose the fact to the House of which he is a member, and 
shall not vote thereon. 

Congressional and Legislative Apportionments. 

Since 1893 Colorado has had population enough to entitle 
her to more than one representative. Section 44'is superseded 
by statute. 

Sec. 44. One Representative in the Congress of the United 
States shall be elected from the State at large, at the first 
election under this Constitution, and thereafter at such times 
and places, and in such manner as may be prescribed by law. 
When a new apportionment shall be made by Congress, the 
General Assembly shall divide the State into Congressional 
districts accordingly. 

Sec. 45. State enumeration. — The General Assembly shall 
provide by law for an enumeration of the inhabitants of the 
State in the year of our Lord one thousand, eight hundred and 
eighty -five, and every tenth year thereafter; and at the session 
next following such enumeration, and also at the session next 
following an enumeration made by the authority of the United 
States, shall revise and adjust the apportionment for Senators 
and Representatives, on the basis of such enumeration, accord- 
ing to ratios to be fixed by law. 

Sec. 46. Size of Senate and House. — The Senate shall con- 
sist of twenty-six, and the House of Representatives of forty- 



20 CONSTITUTION OF COLORADO. 

nine members, which number shall not be increased until the 
year of our Lord one thousand eight hundred and ninety, after 
which time the General Assembly may increase the number 
of Senators and Represenatives, preserving as near as may be 
the present proportion as to the number in each House; Pro- 
vided, That the aggregate number of Senators and Represen- 
tatives shall never exceed one hundred. 

By Statute there are now thirty-five Senators and sixty- 
five Representatives. 

Sec. 47. Districts. — Senatorial and Representative districts 
may be altered from time to time, as public convenience may 
require. When a Senatorial or Representative district shall 
be composed of two or more counties, they shall be contiguous, 
and the district as compact as may be. No county shall be 
divided in the formation of a Senatorial or Representative 
district. 

Sections 48 and 49 have been superseded by Statute. 

Sec. 48. Until the State shall be divided into Senatorial 
districts, in accordance with the provisions of this article, said 
districts shall be constituted and numbered as follows: 

The county of Weld shall constitute the first district, and 
be entitled to one Senator. 

The county of Larimer shall constitute the second district, 
and be entitled to one Senator. 

The county of Boulder shall constitute the third district, 
and be entitled to two Senators. 

The county of Gilpin shall constitute the fourth district, 
and be entitled to one Senator. 

The counties of Gilpin, Summit and Grand shall constitute 
the fifth district, and be entitled to one Senator. 

The county of Clear Creek shall constitute the sixth dis- 
trict, and be entitled to two Senators. 

The county of Jefferson shall constitute the seventh dis- 
trict, and be entitled to one Senator. 

The county of Arapahoe shall constitute the eighth district, 
and be entitled to four Senators. 

The counties of Elbert and Bent shall constitute the ninth 
district, and be entitled to one Senator. 

The county of El Paso shall constitute the tenth district, 
and be entitled to one Senator. 

The county of Douglas shall constitute the eleventh dis- 
trict, and be entitled to one Senator. 

The county of Park shall constitute the twelfth district, 
and be entitled to one Senator. 

The counties of Lake and Saguache shall constitute the 
thirteenth district, and be entitled to one Senator. 

The county of Freemont shall constitute the fourteenth dis- 
trict, and be entitled to one Senator. 

The county of Pueblo shall constitute the fifteenth district, 
and be entitled to one Senator. 



CONSTITUTION OP COLORADO. 21 

The county of Huerfano shall constitute the sixteenth dis- 
trict, and be entitled to one Senator. 

The county of Las Animas shall constitute the seventeenth 
district, and be entitled to two Senators. 

The county of Costilla shall constitute the eighteenth dis- 
trict, and be entitled to one Senator. 

The county of Conejos shall constitute the nineteenth dis- 
trict, and be entitled to one Senator. 

The counties of Rio Grande, Hinsdale, La Platta and San 
Juan shall constitute the twentieth district, and be entitled to 
one Senator. 

Sec. 49. Until an apportionment of Representatives be 
made in accordance with the provisions of this article, they 
shall be divided among the several counties of the State in the 
following manner: The county of Arapahoe shall have seven; 
the counties of Boulder and Clear Creek, each, four; the coun- 
ties of Gilpin and Las Animas, each, three; the counties of El 
Paso, Fremont, Huerfano, Jefferson, Pueblo and Weld, each, 
two; the counties of Bent, Costilla, Conejos, Douglas, Elbert, 
Grand, Hinsdale, Larimer, La Plaita, Lake, Park, Rio Grande, 
Summit, Saguache and San Juan, each one; and the counties of 
Costilla and Conejos, jointly, one. 



ARTICLE VI. 
Judicial Department. 



[Section 1 originally read: 'The judicial power of the 
State, as to matters of law and equity, except as in the Con- 
stitution otherwise provided, shall be vested in a Supreme 
Court, District Courts, County Courts, Justices of the Peace, and 
such other Courts as may be created by law for cities and in- 
corporated towns."] 



But November 2, 1886, section 1, was changed to read as 
follows: 

Sec. 1. The judicial power of the State as to matters of 
law and equity, except as in this Constitution otherwise pro- 
vided, shall be vested in a Supreme Court, District Courts, 
County Courts, Justices of the Peace, and such other courts as 
may be provided by law. 

Supreme Court. 

Sec. 2. Appellate jurisdiction. — The Supreme Court, except 
as otherwise provided in this Constitution, shall have appellate 
jurisdiction only, which shall be co-extensive with the State, 
and shall have a general superintending" control over all infer- 
ior courts, under such regulations and limitations as may be 
prescribed by law. 



22 CONSTITUTION OF COLORADO. 

[Section 3 originally read: "It shall have power to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari, 
injunction and other original and remedial writs, with author- 
ity to hear and determine the same."] 



But November 2, 1886, Section 3 was changed to read as 
follows: 

Sec. 3. Original jurisdiction. — It shall have power to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari, 

injunction, and other original and remedial writs with author- 
ity to hear and determine the same; and each judge of the 
Supreme Court shall have like power and authority as to writs 
of habeas corpus. The Supreme Court shall give its opinion upon 
important questions upon solemn occasions when required by 
the Governor, the Senate, or the House of Representatives; and 
all such opinions shall be published in connection with the 
reported decisions of said court. 

Sec. 4. Terms. — At least two terms of the Supreme Court 
shall be held each year, at the seat of government. 



[Section 5 originally read: "The Supreme Court shall con- 
sist of three Judges, a majority of whom shall be necessary to 
form a quorum or pronounce a decision."] 



But Section 5 was amended November, 1888, to read as fol- 
lows: 

Sec. 5. Personnel of court — Departments. — The Supreme 
Court shall consist of seven judges, who may sit en banc or in 
two or more departments as the court may, from time to time, 
determine. In case said court shall sit in departments each of 
said departments shall have the full power and authority of 
said court in the determination of causes, the issuing- of writs 
and the exercise of all powers authorized by this constitution, 
or provided by law, subject to the general control of the court 
sitting en banc, and such rules and regulations as the court 
may make, but no decision of any department shall become 
the judgment of the court unless concurred in by at least three 
judges, and no case involving- a construction of the constitution 
of this State or of the United States, shall be decided except by 
the court en banc. 



(Section 6 originally read: "The Judges of the Supreme 

Court shall be elected by the electors of the State, at large, as 
hereinafter provided.") 



But was amended November 8, 1904, to read as follows: 
Sec. 6. Election of judges — The Judges of the Supreme 

Court, except as herein provided, shall be elected by the electors 

of the State at large. 



CONSTITUTION OF COLORADO. 23 

[Section 7 originally read: "The term of office of the 
Judges of the Supreme Court* except as in this article otherwise 
provided, shall be nine years."] 



But was amended November 8, 1904, to read as follows: 
Sec. 7. Term of office. — The term of office of the Judges 
of the Supreme Court, hereafter elected, except as in this arti- 
cle otherwise provided, shall be ten years. 



[Section 8 originally read: "The Judges, of the Supreme 
Court shall, imediately after the first election under this Con- 
stitution, be classified by lot, so that one shall hold his office 
for the term of three years, one for the term of six years, and 
one for the term of nine years. The lot shall be drawn by the 
Judges, who shall for that purpose assemble at the seat of gov- 
ernment; and they shall cause the result thereof to be certi- 
fied to the Secretary of the Territory, and filed in his office. 
The Judge having- the shortest term to serve, not holding his 
office by appointment or election to fill a vacancy, shall be the 
Chief Justice, and shall preside at all terms of the Supreme 
Court, and in case of his absence, the Judge having in like 
manner the next shortest term to serve shall preside in his 
stead.] *__ 

But November 8, 1904, was amended to read as follows: 

Sec. 8. Appointment and election of judges.— No suc- 
cessor of the judges of the Court of Appeals whose term expires 
in April, 1905, shall be appointed. 

On the first Wednesday in April, 1905, the Court of Appeals 
shall cease to exist, and the Judges of said Court whose regular 
terms shall not then have expired shall become Judges of the 
Supreme Court. All causes pending before the Court of Appeals 
shall then stand transferred to, and be pending in the Supreme 
Court, and no bond or obligation given in any of said causes 
shall be affected by said transfer. 

The term of office of that Judge of the Supreme Court 
whose term expires on the second Tuesday in January, 1907, 
shall so expire; the term of office of that Judge transferred 
from the Court of Appeals, whose term shall expire in April, 
1907, shall expire on the second Tuesday in January, 1907; and 
the term of office of that Judge of the Supreme Court whose 
term expires in January, 1910, is hereby extended to the second 
Tuesday in January, 1911; and the term of office of that Judge 
or the Judges transferred from the Court of Appeals, whose 
term would expire in April, 1909, shall expire on the second 
Tuesday in January, 1909; and the term of office of the Judge 
of the Supreme Court whose term expires on the second Tues- 
day in January, 1913, shall so expire. 

At the general election in the year 1906 and every tenth 
year thereafter, there shall be elected two Judges of the 
Supreme Court. 



24 CONSTITUTION OF COLORADO. 

At the general election in the year 1908, there shall be 
elected three judges of the Supreme Court, one for the term 
of six years, and two for the term of ten years. 

At the general election in the year 1910, and every tenth 
year thereafter, there shall be elected one Judge of the Supreme 
Court. 

At the general election in the year 1912 and every tenth 
year thereafter, there shall be elected one Judge of the Supreme 
Court. 

At the general election in the year 1914 and every tenth 
year thereafter, there shall be elected one Judge of the Supreme 
Court. 

At the general election in the year 1918 and every tenth 
year thereafter, there shall be elected two Judges of the Supreme 
Court. 

Provided, That if said Court of Appeals shall at the time 
of the going into effect of this amendment, by law consist of 
only three Judges, the Governor shall nominate and by and 
with the advice and consent of the Senate appoint two Judges 
of the Supreme Court whose term of office shall begin on the 
first Wednesday of April, 1905, and expire on the second Tues- 
day of January, 1909. 

Provided also, That nothing herein contained shall be con- 
strued to prevent the General Assembly from changing the time 
of electing Judges of the Supreme Court and from extending 
or abridging their terms of office as provided in Article VI, 
Section 15, of the Constitution of this State. 

The Judge having the shortest term to serve, not holding 
his office by appointment or election to fill vacancy, shall be 
the Chief Justice. 

Of the two judges whose terms of office expire upon the 
same day, the younger in years of the two Judges shall be the 
Chief Justice during the next to the last year of his term of 
office and the elder of the two Judges shall be the Chief Jus- 
tice during the last year of his term of office. 

The Chief Justice shall preside at all sessions of the Court 
en banc, and, in case of his absence, then the Judge present 
who would next be entitled to become Chief Justice shall pre- 
side. 

Until otherwise provided by law, the Supreme Court shall 
have power to review the judgments and proceedings of infer- 
ior Courts, in such instances and in such manner as was pro- 
vided by law. previous to the act establishing the Court of 
Appeals. 

Sec. 9. Clerk of Supreme Court. — There shall be a Clerk 
of the Supreme Court, who shall be appointed by the Judges 
thereof, and shall hold his office during the pleasure of said 
Judges, and whose duties and emoluments shall be as pre- 
scribed by law and by the rules of the Supreme Court. 



CONSTITUTION OF COLORADO. 25 

Sec. 10. Eligibility. — No person shall be eligible to the 
office of Judge of the Supreme Court unless he.be learned in 
the law; be at least thirty years of age, and a citizen of the 
United States, nor unless he shall have resided in this State or 
Territory at least two years next preceding his election. 

District Courts. 

Sec. 11. Jurisdiction. — The District Courts shall have 
original jurisdiction of all causes both at law and in equity, and 
such appellate jurisdiction as may be conferred by law. They 
shall have original jurisdiction to determine all controversies 
upon relation of any person on behalf of the people, concern- 
ing the rights, duties and liabilities of railroad, telegraph, or 
toll-road companies or corporations. 



[Section 12 originally read: "The State shall be divided 
into judicial districts, in each of which there shall be elected by 
the electors thereof, one Judge of the District Court therein, 
whose term of office shall be six years. The Judges of the Dis- 
trict Courts may hold Courts for each other, and shall do so 
when required by law."] 



But November 2, 1886, Section 12 was changed to read as 
follows: 

Sec. 12. Judicial districts and judges. — The State shall be 
divided into judicial districts, in each of which there shall be 
elected by the electors thereof, one or more Judges of the Dist- 
rict Court therein, as may be provided by law, whose term of 
office shall be six years; the Judges of the District Courts may 
hold Courts for each other, and shall do so when required by 
law, and the General Assembly may, by law, provide for the 
selection or election of a suitable person to preside in the trial 
of causes in special cases. 

Section 13 has been superseded by Statute which divides 
the State into Thirteen Judicial Districts. 

Sec. 13. Until otherwise provided by law, said districts 
shall be four in number, and constituted as follows, viz: 

First District — The counties of Boulder, Jefferson, Gilpin, 
Clear Creek, Summit and Grand. 

Second District — The counties of Arapahoe, Douglas, Elbert, 
Weld and Larimer. 

Third District — The counties of Park, El Paso, Fremont, 
Pueblo, Bent, Las Animas and Huerfano. 

Fourth District — The counties of Costilla, Conejos, Rio 
Grande, San Juan, La Platta, Hinsdale, Saguache and Lake. 



[Section 14 originally read: "The General Assembly may, 
after the year eighteen hundred and eighty, (whenever two- 
thirds of the members of each House shall concur therein), but 



26 CONSTITUTION OF COLORADO. 

.not oftener than once in six years, increase the number of the 
Judicial Districts and the Judges thereof, such districts shall 
be formed, of compact territory and bounded by county lines, 
but said increase or change in the boundaries of a district shall 
not work the removal of any Judge from his office during- the 
term for which he shall have been elected or appointed."] 



But November 2, 1886, Section 14 was amended to read as 
follows: 

Sec. 14. The General Assembly may (whenever two-thirds 
of the members of each House shall concur therein) increase or 
diminish the number of Judges for any district, or increase or 
diminish the number of judicial districts, and the Judges. 
thereof. Such districts shall be formed of compact territory, 
and bounded by county lines; but such increase, diminution or 
change in the boundaries of a district shall not work the 
removal of any Judge from his office during the term for which 
he shall have been elected or appointed. 

Sec. 15. Election of Judges — Term. — The Judges of the 
District Court first elected shall be chosen at the first general 
election. The General Assembly may provide that after the 
year eighteen hundred and seventy- eight, the election of the 
Judges of the Supreme Court, District, and County Courts, and 
the District Attorneys, or any of them, shall be on a different 
day from that on which an election is held for any other pur- 
pose, and for that purpose may extend or abridge the term of 
office of any such- officers then holding, but not in any case 
more than six months. Until otherwise provided by law, such 
officers shall be elected at the time of holding the general elec- 
tions. The terms of office of all Judges of the District Court, 
elected in the several districts throughout the State, shall 
expire on the same day; and the terms of office of the District 
Attorneys elected in the several districts throughout the State 
shall, in like manner, expire on the same day. 

Section 16. Persons eligible. — No person shall be eligible 
to the office of District Judge unless he be learned in the law, 
be at least thirty years old, and a citizen of the United States, 
nor unless he shall have resided in the State or Territory at 
least two years next preceding his election, nor unless 
he shall at the time of his election, be an elector within 
the Judicial District for which he is elected; Provided, That at 
the first election, any person of the requisite age and learning, 
and who is an elector of the Territory of Colorado, under the 
laws thereof, at the time of the adoption of this Constitution, 
shall be eligible to the office of Judge of the District Court of 
the Judicial District within which he is an elector. 

Sec. 17. Terms of court. — The time of holding courts 
within the said districts shall be as provided by law, but at 
least one term of the District Court shall be held annually in 
each county, except in such counties as may be attached, for 



CONSTITUTION OF COLORADO. 27 

judicial purposes, to another county wherein such courts are so 
held. This shall not be construed to prevent the holding of 
special terms, under such regulations as may be provided by 
law. 

Sec. 18. Salaries. — The Judges of the Supreme and District 
Courts shall each receive such salary as may be provided by 
law, and no such judge shall receive any other compensation, 
perquisite, or emolument for, or on account of his office, in any 
form whatever, nor act as Attorney or Counsellor-at-law. 

Sec, 19. The Clerk.— There shall be a Clerk of the District 
Court in each county wherein a term is held, who shall be 
appointed by the Judge of the District, to hold his office during 
the pleasure of the Judge. His duties and compensation shall 
be as provided by law and regulated by the rules of the court 

Section 20 has been superseded by statute. 

Sec. 20. Until the General Assembly shall provide by law 
for fixing the terms of the Courts aforesaid, the Judges of the 
Supreme and District Courts, respectively, shall fix the terms 
thereof. 

District Attorneys. 



[Section 21 originally read: "There shall be electee" 
by the qualified electors of each Judicial District at 
each regular election for Judges of the Supreme Court, a Dis- 
trict Attorney for such District, whose term of office shall be 
three years, and whose duties and compensations shall be as 
provided by law. No person shall be eligible to the office of 
District Attorney who shall not, at the time of his election, be 
at least twenty-five years of age, and possess all the other 
qualifications for Judges of District Courts, as precribed in this 
article."] 



But Section 21 was amended, November 4, 1902 to read as 
follows: 

Sec. 21. Election — Term — Salary — Qualification. — There 
shall be elected by the qualified electors of each judicial dis- 
trict, at the general election in the year nineteen hundred and 
four, and every four years thereafer, a district attorney for 
such districts whose term of office shall be four years, and 
whose duties and salary or compensation, either from the fees 
or emoluments of his office or from the general county fund, as 
shall be provided by law. No person shall be eligible to 
the office of District Attorney who shall not, at the time of his 
election, be at least twenty-five years of age and possess all 
the qualifications of Judges of the District Courts, as provided 
in this Article. The term of office of the district attorneys 
serving in the several districts, at the time pf the adoption of 
this amendment, is hereby extended to the second Tuesday of 
January, in the year, A. D., 1905. 



28 CONSTITUTION OF COLORADO. 

County Courts. 



[Section 22 originally read: "There shall be elected 
at the general election in each organized county, in the year 
eighteen hundred and seventy-seven, and every* three years 
thereafter, except as otherwise provided in this article, a 
County Judge, who shall be Judge of the County Court of said 
county, whose term of office shall be three years, and whose 
compensation shall be as may be provided by law."] 



But Section 22 was amended, November 4, 1902, to read as 
follows: 

Sec. 22. Judges — Election — Term 1 — Salary. — There shall be 
elected at the general election in each organized county in the 
year nineteen hundred and four, and every four years there- 
after, a County Judge, who shall be Judge of the County Court 
of said county, whose term of office shall be four years, and 
who shall be paid such salary or compensation, either from the 
fees and emoluments of his office or from the general county 
fund, as shall be provided by law. The term of office of the 
County Judges serving at the time of the adoption of this 
amendment is hereby extended to the second Tuesday of Janu- 
ary, in the year, A. D., 1905. 

Sec. 23. Jurisdiction — Appeals. — County Courts shall be 
courts of record and shall have original jurisdiction in all mat- 
ters of probate, settlement of estates of deceased persons, 
appointment of guardians, conservators and administrators, and 
settlement of their accounts, and such other civil and criminal 
jurisdiction as may be conferred by law. Provided, Such courts 
shall not have jurisdiction in any case where the debt, damage, 
or claim, or value of property involved, shall exceed two thous- 
and dollars, except in cases relating to the estates of deceased 
persons. Appeals may be + aken from County to District Courts, 
or to the Supreme Court, in such cases and in such manner as 
may be prescribed by law. Writs of error shall lie from the 
Supreme Court to every final judgment of the County, Court. 
No appeal shall lie to the District Court from any judg- 
ment given upon an appeal from a Justice of the Peace. 

Criminal Courts. 

Sec. 24. The General Assembly shall have power to create 
and establish a Criminal Court in each county having a popu- 
lation exceeding fifteen thousand, which court may have con- 
current jurisdiction with the District Courts in all criminal 
cases not capital; the terms of such courts to be as provided 
by law. 

Justices of the Peace. 

Sec. 25. Justices of the Peace shall have such jurisdiction 
as may be conferred by law; but they shall not have juris- 



CONSTITUTION OF COLORADO. 29 

diction of any case wherein the value of the property or the 
amount in controversy exceeds the sum of three hundred dol- 
lars, nor where the boundaries or title to real property shall 
be called in question. 

Police Magistrates. 

Sec. 26. The General Assembly shall have power to pro- 
vide for creating such Police Magistrates for cities and towns as 
may be deemed from time to time necessary or expedient, who 
shall have jurisdiction of all cases arising under the ordinances 
of such cities and towns respectively. 

Miscellaneous. 

Sec. 27. Defects in law reported by judges. — The Judges 
of Courts of Record, inferior to the Supreme Court shall on or 
before the first day of July, in each year, report in writing to 
the Judges of the Supreme Court such defects and omissions in 
the laws as their knowledge and experience may suggest, and 
the Judges of the Supreme Court shall, on or before the first 
day of December, of each year, report in writing to the Gov- 
ernor, to be by him transmitted to the General Assembly, 
together with his message, such defects and omissions in the 
Constitution and laws as they may find to exist, together with 
appropriate bills for curing the same. 

Sec. 28. Uniform laws. — All laws relating to courts shall be 
general and of uniform operation throughout the State; and 
the organization, jurisdiction, powers, proceedings and prac- 
tice of all the courts of the same class or grade, so far as regu- 
lated by law, and the force and effect of the proceedings, judg- 
ments and decrees of such courts severally, shall be uniform. 



[Section 29 originally read: "All officers provided for in 
this article, excepting Judges of the Supreme Court, shall 
respectively reside in the district, county, precinct, city or town 
for which they may be elected or appointed. Vacancies in 
elective offices shall be filled by election, but when the unex- 
pired term does not exceed one year, the vacancy shall be filled 
by appointment, as follows: Of Judges of the Supreme and 
District Courts by the Governor; of District Attorneys by the 
Judge of the Court to which the office appertains, and of all 
other judicial officers by the Board of County Commissioners 
of the county where the vacancy occurs."] 



There is no evidence that this amendment was ever voted 
upon, and the editor believes it should not be included in the 
constitution. 

Sec. 29. Residence and vacancies. — All officers provided 
for in this article, excepting judges of the Supreme Court, shall 
respectively reside in the district, county, precinct, city or town 



30 CONSTITUTION OF COLORADO. 

for which they may be elected or appointed. Vacancies occur- 
ring in any of the offices provided for in this article shall be 
filled by appointment as follows: Of judges of the Supreme 
and District Courts, by the Governor; of District Attorneys, by 
the Judge of the Court of the district for which such attorney 
was elected; and of all other judicial officers, by the Board of 
County Commissioners of the county wherein the vacancy 
occurs. Judges of the Supreme, District and County Courts 
appointed under the provisions of this section shall hold office 
until the next general election and until their successors elected 
thereat shall be duly qualified. 

Sec. 30. Style of process. — All process shall run in the 
name of "The People of the State of Colorado;" all prosecu- 
tions shall be carried on in the name and by the authority of 
"The People of the State of Colorado," and conclude, "against 
the peace and dignity of the same." 

ARTICLE VII. 
Suffrage and Elections. 



[Section 1 originally read: "Every male person over 
the age of twenty-one years, possessing the following qualifi- 
cations, shall be entitled to vote at all elections: 

"First — He shall be a citizen of the United States, or not 
being a citizen of the United States, he shall have declared his 
intention, according to law, to become such citizen, not less than 
four months before he offers to vote. 

Second — He shall have resided in the State six months 
immediately preceding the election at which he offers to vote, 
and in the county, city, town, ward or precinct, such time as 
may be prescribed by law. Provided, That no person shall be 
denied the; right to vote at any school district election, nor to 
hold any school district office, on account of sex."] 



But was amended November 4, 1902, to read as follows: 
Sec. 1. Qualification of eleclors. — Every person over the 
age of twenty-one years, possessing the following qualifica- 
tions, shall be entitled to vote at all elections. He or she shall 
be a citizen of the United States, and shall have resided in the 
state twelve months immediately preceeding the election at 
which he offers to vote, and in the county, city, town, ward or 
precinct, such time as may be prescribed by law. 

Sec. 2. Woman's suffrage permissible. — The General 
Assembly shall at the first session thereof, and may at any 
subsequent session enact laws to extend the right of suffrage 
to women of lawful age and otherwise qualified according to 
the provisions of this article. No such enactment shall be of 
effect until submitted to the vote of the qualified electors at a 
general election; nor unless the same be approved by a major- 
ity of those voting thereon. 



CONSTITUTION OF COLORADO. 31 

In 1893 the following law was referred by referendum to 
the people and was carried by a vote of 35,798 FOR and 29,457 
AGAINST and has all the force of a Constitutional amendment: 

"That every female person shall be entitled to 
vote at all elections in the same manner and the same 
respects as male persons are, or shall be to vote by the 
Constitution and Laws of this State, and the same 
qualifications as to age, citizenship, and time of resi- 
dence in the State, City and County, Ward and Pre- 
cincts, and other qualifications regained by law to 
entitle male persons to vote shall be required to entitle 
female persons to vote." 

Sec. 3. Educational qualification of voters permissible. — 
The General Assembly may prescribe by law, an educational 
qualification for electors, but no such law shall take effect prior 
to the year of our Lord one thousand eight hundred and ninety 
(1890), and no qualified elector shall be thereby disqualified. 

Sec. 4. Residence does not change. — For the purpose of 
voting and eligibility to office, no person shall be deemed to 
have gained a residence by reason of his presence, or lost it by 
reason of his absence, while in the civil or military service of 
the State, or of the United States, nor while a student at any 
institution of learning, nor while kept at public expense in any 
poor-house or other asylum, nor while confined in public prison. 

Sec. 5. Privilege of voters. — Voters shall in all cases, 
except treason, felony or breach of the peace, be privileged 
from arrest during their attendance at elections, and in going 
to and returning therefrom. 

Sec. 6. Voters only, eligible to hold office. — No person 
except a qualified elector shall be elected or appointed to any 
civil or military office in the State. 

Section 7 has been superseded by statute. 

Sec. 7. The general election shall be held on the first 
Tuesday in October in the years of our Lord eighteen hundred 
and seventy-six, eighteen hundred and seventy- seven, and 
eighteen hundred and seventy- eight, and annually thereafter 
on such day as may be prescribed by law. 



[Section 8 originally read: "All elections by the people 
shall be by ballot; every ballot voted shall be numbered in the 
order in which it shall be received, and the number be 
recorded by the election officers on the list of voters opposite 
the name of the voter who presents the ballot. The election 
officers shall be sworn or affirmed not to inquire or disclose 
how any elector shall have voted. In all cases of contested 
elections, the ballots cast may be counted, compared with the 
list of voters, and examined under such safeguards and regu- 
lations as may be prescribed by law."] 



32 CONSTITUTION OF COLORADO. 

Section 8 was amended, November 6, 1906, to read as 
follows: 

Sec. 8. Elections by ballot or voting machine. — All elec- 
tions by the people shall be by ballot, and in case paper ballots 
are required to be used, every ballot shall be numbered in the 
order in which it shall be received, and the number recorded 
by the election officers on the list of voters opposite the name 
of the voter who presents the ballot. The election officers shall 
be sworn or affirmed not to inquire or disclose how any elector 
shall have voted. In all cases of contested elections in which 
paper ballots are required to be used, the ballots cast may be 
counted and compared with the list of voters, and examined 
under such safeguards and regulations as may be provided by 
law. Nothing in this section, however, shall be construed to 
prevent the use of any machine or mechanical contrivance for 
the purpose of receiving and registering the votes cast at any 
election, provided that secrecy in voting be preserved. 

When the governing body of any county, city, city and 
county or town, including the city and county of Denver, and 
any city, city and county or. town which may be governed by 
the provisions of special charter, shall adopt and purchase a 
voting machine, or voting machines, such governing body may 
provide for the payment therefor by the issuance of interest- 
bearing bonds, certificates of indebtedness, or other obligations, 
which shall be a charge upon such city, city and county, or 
town; such bonds, certificates or other obligations may be 
made payable at such time or times, not exceeding ten years 
from date of issue as may be determined, but shall not be 
issued or sold at less than par. 

Sec. 9. Witness in election trial. — In trials of contested 
elections, and for offenses arising under the election law, no 
person shall be permitted to withhold his testimony on the 
ground that it may criminate himself, or subject him to public 
infamy; but such testimony shall not be used against him in 
any judicial proceeding, except for perjury in giving such 
testimony. 

Sec. 10. Imprisonment and Suffrage — No person while 
confined in any public prison shall be entitled to vote; but 
every such person who was a qualified elector prior to such 
imprisonment, and who is released therefrorrwby virtue of a 
pardon, or by virtue of having served out his full term of 
imprisonment, shall, without further action, be invested with 
all the rights of ci-tizenship ; except as otherwise provided in 
this Constitution. 

Sec. 11. Purity of elections. — The General Assembly shall 
pass laws to secure the purity of elections, and guard against 
abuses of the elective franchise. 

Sec. 12. Election contests. — The General Assembly shall, 
by general law, designate the courts and judges by whom the 
several classes of election contests, not herein provided for, 



CONSTITUTION OF COLORADO. 33 

shall be tried, and regulate the manner of trial, and all matters 
incident thereto, but no such law shall apply to any contest 
arising out of an election held before its passage. 

ARTICLE VIII. 

State Institutions. 

Sec. 1. Educational, reformatory, and penal institutions, 
and those for the benefit of the insane, blind, deaf and mute, 
and such other institutions as the public good may require, 
shall be established and supported by the State, in such man- 
ner as may be prescribed by law. 

Sec. 2. Seat of government. — The General Assembly shall 
have no power to change or locate the seat of government of 
the State, but shall at its first session subsequent to the year 
of our Lord, one thousand eight hundred and eighty provide 
by law for submitting the question of the permanent location 
of the seat of government to the qualified electors of the State, 
at the general election then next ensuing, and a majority of all 
the votes upon said question cast at said election, shall be 
necessary to determine the location thereof. Said General 
Assembly shall also provide that in case there shall be no 
choice of location at said election, the question of choice 
between the two places for which the highest number of votes 
shall have been cast, shall be submitted in like manner to the 
qualified electors of the State, at the next general election; 
Provided, That until the seat of government shall have been 
permanently located as herein provided, the temporary location 
thereof shall remain at the City of Denver. 

Sec. 3. Seat of government may be changed. — When the 
seat of government shall have been located as herein provided, 
the location thereof shall not thereafter be changed, except by 
a vote of two-thirds of all the qualified electors of the State 
voting on that question, at a general election, at which the 
question of location of the seat of government shall have been 
submitted by the General Assembly. 

Sec. 4. Capitol building. — The General Assembly shall 
make no appropriation or expenditure for capitol buildings or 
grounds, until the seat of government shall have been perma- 
nently located, as herein provided. 

Sec. 5. Adoption of educational institutions. — The following 
Territorial Institutions, to-wit: The University at Boulder, 
the Agricultural College at Fort Collins, the School of Mines at 
Golden, the Institute for the Education of Mutes at Colorado 
Springs, shall, upon the adoption of this Constitution, become 
Institutions of the State of Colorado, and the management 
thereof subject to the control of the State, under such laws and 
regulations as the General Assembly shall provide, and the loca- 
tion of said Institutions, as well as all gifts, grants, and 



34 CONSTITUTION OF COLORADO. 

appropriations of money and property, real and personal, here- 
tofore made to said several Institutions, are hereby confirmed 
to the use and benefit of the same respectively; Provided, This 
section shall not apply to any institution, the property, real 
or personal, of which is now vested in the trustees thereof, until 
such property be transferred by proper conveyance, together 
with the control thereof, to the officers provided for the man- 
agement of said Institution by this Constitution, or by law. 

ARTICLE IX. 

Education. 

Sec. 1. Board of education. — The general supervision of 
the public schools of the State shall be vested in a Board of 
Education, whose powers and duties shall be prescribed by law, 
the Superintendent of Public Instruction, the Secretary of State 
and Attorney General shall constitute the Board, of which the 
Superintendent of Public Instruction shall be President. 

Sec. 2. Public schools. — The General Assembly shall, as 
soon as practicable, provide for the establishment and mainten- 
ance of a thorough and uniform system of free public schools 
throughout the State, wherein all the residents of the State, 
between the ages of six and twenty-one years, may be edu- 
cated gratuitously. One or more public schools shall be main- 
tained in each school district within the State, at least three 
months in each year; any school district failing to have such 
school shall not be entitled to receive any portion of the school 
fund for that year. 

Sec. 3. Inviolability of school fund. — The public school 
fund of the State, shall forever remain inviolate and intact; the 
interest thereon, only, shall be expended in the maintenance of 
the schools of the State, and shall be distributed amongst the 
several counties and school districts of the State, in such man- 
ner as may be prescribed by law. No part of this fund, prin- 
cipal or interest, shall ever be transferred to any other fund, 
or used, or appropriated, except as herein provided. The State 
Treasurer shall be the custodian of this fund, and the same 
shall be securely and profitably invested as may be by law 
directed. The State shall supply all losses thereof that may in 
any manner occur. 

Sec. 4. County and district school funds collected and dis- 
bursed. — Each County Treasurer shall collect all school funds 
belonging to his county, and the several school districts therein, 
and disburse the same to the proper districts upon warrants 
drawn by the County Superintendent or by the proper district 
authorities, as may be provided by law. 

Sec. 5. State school funds. — The public school fund of the 
State shall consist of the proceeds of such lands as have here- 
tofore been, or may hereafter, be granted to the State by the 



CONSTITUTION OF COLORADO. 35 

General Government for educational purposes; all estates that 
may escheat to the State; also all other grants, gifts or devices 
that may be made to this State for educational purposes. 

Sec. 6. County superintendent. — There shall be a County 
Superintendent of Schools in each county, whose term of office 
shall be two years, and whose duties, qualifications and com- 
pensation shall be prescribed by law. He -shall be ex officio 
Commissioner of Lands within his county, and shall discharge 
the duties of said office under the direction of the State Board 
of Land Commissioners, as directed by law. 

Sec. 7. Aid to private institutions forbidden. — Neither the 
General Assembly, nor any county, city, town, township, school 
district, or other public corporation, shall ever make any appro- 
priation, or pay from any public fund or moneys whatever, 
anything in aid of any church or sectarian society, or for any 
sectarian purpose, or to help support, or sustain any school, 
academy, seminary, college, university or other literary or sci- 
entific institution controlled by any church or sectarian denom- 
ination whatsoever; nor shall any grant or donation of 
land, money or other personal property, ever be made by the 
State or any such public corporation, to any church, or for any 
sectarian purpose. 

Sec. 8. Religious and color tests forbidden. — No religious 
test or qualification shall ever be required of any person as a 
condition of admission into any public educational institution 
of the State, either as teacher or student; and no teacher or 
student of any such institution shall ever be required to attend, 
or participate in any religious service whatever. No sectarian 
tenets or doctrines shall ever be taught in the public schools, 
nor shall any distinction or classification of pupils be made on 
account of race or color. 

Sec. 9. State board of land commissioners. — The Gov- 
ernor, Superintendent of Public Instruction, Secretary of State 
and Attorney General shall constitute the State Board of Land 
Commissioners, who shall have the direction, control and dis- 
position of the public lands of the State, under such regulations 
as may be prescribed by law. 

Sec. 10. Control of public lands.— It shall be the duty of 
the State Board of Land Commissioners to provide for the 
location, protection, sale or other disposition of all the lands 
heretofore, or which may hereafter be granted to the State, by 
the General Government, under such regulations as may be 
prescribed by law; and in such manner as will secure the 
maximum possible amount therefor. No law shall ever be 
passed by the General Assembly granting any privileges to 
persons who may have settled upon any such public lands sub- 
sequent to the survey thereof by the General Government, by 
which the amount to be derived by the sale, or other disposition 
of such lands, shall be diminished, directly or indirectly. The 



36 CONSTITUTION OP COLORADO. 

General Assembly shall, at the earliest practicable period, pro- 
vide by law that the several grants of land made by Congress 
to .the State shall be judiciously located and carefully preserved 
and held in trust subject to disposal, for the use and benefit 
of the respective objects for which said grants of land were 
made, and the General Assembly shall provide for the sale of 
said lands from time to time; and for the faithful application 
of the proceeds thereof in accordance with the terms of said 
grants. 

Sec. 11. Compulsory education. — The General Assembly 

may require, by law, that every child of sufficient mental and 
physical ability, shall attend the public school during the period 
between the ages of six and eighteen years, for a time equiva- 
lent to three years, unless educated by other means. 

Sec. 12. Regents of the state university. — There shall be 
elected by the qualified electors of the State, at the first gen- 
eral election under this Constitution, six Regents of the Univer- 
sity, who shall immediately after their election be so classified, 
by lot, that two shall hold their office for the term of two years, 
two for four years and two for six years; and every two years 
after the first election there shall be elected two Regents of the 
University, whose term of office shall be six years. The 
Regents thus elected, and their successors, shall constitute a 
body corporate, to be known by the name and style of "The 
Regents of the University of Colorado." 

Sec. 13. The president of the state university. — The 
Regents of the University shall, at their first meeting, or as 
soon thereafter as practicable, elect a president of the 
University, who shall hold his office until removed by the 
Board of Regents for cause; he shall be, ex-officio, a member 
of the Board, with the privilege of speaking, but not of voting, 
except in cases of a tie; he shall preside at the meetings of the 
Board, and be the principal executive officer of the University, 
and a member of the faculty thereof. 

Sec. 14. Authority of the regents. — The Board of Regents 

shall have the general supervision of the University, and the 
exclusive control and direction of all funds of, and appropria- 
tions to the University. 

Sec. 15. School districts. — The General Assembly shall, by 
law, provide for organization of school districts of convenient 
size, in each of which shall be established a Board of Education, 
to consist of three or more directors, to be elected by the 
qualified electors of the district- Said directors shall have 
control of instruction in the public schools of their respective 
districts. 

Sec. 16. Text-books. — Neither the General Assembly nor 
the State Board of Education shall have power to prescribe 
text-books to be used in the public schools. 



CONSTITUTION OF COLORADO. 37 

ARTICLE X. 
Revenue. 

Sec. 1. Fiscal year. — The fiscal year shall commence on 
the first day of October in each year, unless otherwise provided 
by law. 

Sec. 2. Taxation. — The General Assembly shall provide by 
law for an annual tax, sufficient, with other resources, to 
defray the estimated expenses of the State Government for 
each fiscal year. 



[Section 3 originally read: "All taxes shall be uniform 
upon the same class of subjects within the territorial limits of 
the authority levying- the tax, and shall be levied and collected 
under general laws, which shall prescribe such regulations as 
shall secure a just valuation for taxation of all property, real 
and personal; Provided, That mines and mining- claims bearing 
gold, silver and other precious metals (except the net pro- 
ceeds and surface improvements thereof), shall be exempt from 
taxation for the period of ten years from the date of the adop- 
tion of this constitution, and thereafter may be taxed as pro- 
vided by law. Ditches, canals and flumes owned and used by 
individuals or corporations for irrigating lands owned by such 
individuals or corporations, or the individual members thereof, 
shall not be separately taxed, so long as they shall be owned 
and used exclusively for such purpose."] 



But Section 3 was amended November 8, 1892 to read as 
follows: 




[Section 3: 'All taxes shall be uniform upon the same 
class of subjects within the territorial limits of the authority 
levying the tax and shall be levied and collected under general 
laws which shall prescribe such regulations as shall secure a 
just valuation for taxation of all property, real and personal, 
Provided, That the household goods of every person being the 
head of a family, to the value of two hundred dollars, shall be 
exempt from taxation. Ditches, canals, and flumes owned and 
used by individuals or corporations for irrigating lands owned 
by such individuals or corporations, or the individual members 
thereof, shall not be separately taxed so long as they shall be 
owned and used exclusively for such purposes; And Provided, 
Further, That the provisions of this section shall not effect 
such special assessments for benefits and municipal improve- 
ments as the corporate authorities of cities, towns or improve- 
ment districts may assess and collect under provisions to be 
prescribed by law."] 



But was reamended November 8, 1904, to read as follows: 
Sec. 3. — All taxes shall be uniform upon the same class of 
subjects within the territorial limits of the authority levying 



38 CONSTITUTION OF COLORADO. 

the tax and shall be levied and collected under general laws 
which shall prescribe such regulations as shall secure a just 
valuation for taxation of all property, real and personal; 
Provided, That the personal property of every person being the 
head of a family, to the value of two hundred dollars, shall be 
exempt from taxation. Ditches, canals, and flumes owned and 
used by individuals or corporations for irrigating lands owned 
by such individuals or corporations, or the individual members 
thereof, shall not be separately taxed so long as they shall be 
owned and used exclusively for such purposes. 

Sec. 4. Property exempt from taxes. — The property, real 
and personal, of the State, counties, cities, towns and other 
municipal corporations, and public libraries, shall be exempt 
from taxation. 

Sec. 5. Further exemption. — Lots, with the buildings 
thereon, if said buildings are used solely and exclusively for 
religious worship, for schools, or for strictly charitable pur- 
poses, also cemeteries not used or held for private or corporate 
profit, shall be exempt from taxation, unless otherwise provided 
by general law. 

Sec. 6. Further laws of exemption forbidden. — All laws 
exempting from taxation, property, other than that hereinbefore 
mentioned shall be void. 

Sec. 7. Power to delegate authority to tax. — The General 
Assembly shall not impose taxes for the purposes of any county, 
city, town, or other municipal corporation, but may by law, 
vest in the corporate authorities thereof respectively the power 
to assess and collect taxes for all purposes of such corporation. 

Sec. 8. No release from taxation. — No county, city, town or 
other municipal corporation, the inhabitants thereof, nor the 
property therein, shall be released or discharged from their or 
its proportionate share of taxes to be levied for State purposes. 

Sec. 9. Corporations must be taxed. — The power to tax cor- 
porations and corporate property, real and personal, shall 
never be relinquished or suspended. 

Sec. 10. Property of corporations subject to taxation. — 
All corporations in this State, or doing business therein, shall 
be subject to taxation for State, county, school, municipal and 
other purposes, on the real and personal property owned or 
used by them within the territorial limits of the authority levy- 
ing the tax. 



[Section 11 originally read: "The rate of taxation on prop- 
erty for State purposes, shall never exceed six mills on each 
dollar of valuation, and whenever the taxable property within 
the State shall amount to one hundred million dollars, the rate 
shall not exceed four mills on each dollar of valuation; and 
whenever the taxable property within the State shall amount 
to three hundred million dollars, the rate shall never thereafter 
exceed two mills on each dollar of valuation unless a propo- 



CONSTITUTION OF COLORADO. 39 

sition to increase such rate, specifying- the rate proposed, and 
the time during which the rate shall be levied, be first sub- 
mitted to a vote of such of the qualified electors of the State 
as in the year next preceding such election, shall have paid 
a property tax assessed to them within the State, and a major- 
ity of those voting thereon shall vote in favor thereof, in such 
manner as may be provided by law."] 



But Sectiori 11 was amended November 8, 1892, to read as 
follows: 

Sec. 11. The rate of taxation on property for State pur- 
poses, shall never exceed four mills on each dollar of valuation. 

Sec. 12. State treasurer's report. — The Treasurer shall 
keep a separate account of each fund in his hands; and shall, 
at the end of each quarter of the fiscal year report to the Gov- 
ernor in writing, under oath, the amount of all moneys in his 
hands to the credit of every such fund, and the place where the 
same are kept or deposited, and the number and amount of 
every warrant received, and the number and amount of every 
warrant paid therefrom during the quarter. Swearing falsely 
to any such report shall be deemed perjury. The Governor 
shall cause every such report to be immediately published in 
at least one newspaper printed at the seat of government, and 
otherwise as the General Assembly may require. The General 
Assembly may provide by law further regulations for the safe 
keeping and management of the public funds in the hands of 
the Treasurer, but, notwithstanding any such regulation, the 
Treasurer, and his sureties shall in all cases be held respon- 
sible therefor. 

Sec. 13. Making a profit on public money is a crime. — The 

making of profit, directly or indirectly, out of State, county, 
city, town or school district money, or using the same for any 
purpose not authorized by law, by any public officer, shall be 
deemed a felony, and shall be punished as provided by law. 

Sec. 14. Private property not liable for public debt. — Pri- 
vate property shall not be taken or sold for the payment of the 
corporate debt of municipal corporations. 

Sec. 15. State board of equalization. — There shall be a 
State Board of Equalization, consisting of the Governor, State 
Auditor, State Treasurer, Secretary of State, and Attorney 
General; also, in each county of this State, a County Board of 
Equalization, consisting of the board of County Commissioners 
of said county. The duty of the State Board of Equalization 
shall be to adjust and equalize the valuation of real and personal 
property among the several counties of the State. The duty of 
the County Board of Equalization shall be to adjust and equal- 
ize the valuation of the real and personal property within their 
respective counties. Each board shall also perform such other 
duties as may be prescribed by law. 



40 CONSTITUTION OF COLORADO. 

Sec. 16. Limit on appropriations. — No appropriation shall 
be made nor any expenditure authorized by the General 
Assembly whereby the expenditure of the State during any fis- 
cal year, shall exceed the total tax then provided for by law 
and applicable for such appropriation or expenditure unless the 
General Assembly making" such appropriation shall provide for 
levying a sufficient tax not exceeding the rates allowed in 
section eleven of this Article, to pay such appropriation or 
expenditure within such fiscal year. This provision shall not 
apply to appropriations or expenditures to suppress insur- 
rection, defend the State, or assist in defending the United 
States in time of war. 

ARTICLE XI. 

Public Indebtedness. 

Sec. 1. Pledging public credit forbidden — Neither the 
State nor any county, city, town, township or school district 
shall lend or pledge the credit or faith thereof, directly or 
indirectly, in any manner to or in aid of any person, company 
or corporation, public or private, for any amount, or for any 
purpose whatever; or become responsible for any debt, con- 
tract or liability of any person, company or corporation, public 
or private, in or out of the State. 

Sec. 2. Aid to private undertakings forbidden. — Neither 
the State nor any county, city, town, township or school dis- 
trict, shall make any donation or grant to, or in aid of, or 
become a subscriber to, or shareholder in any corporation or 
company, or a joint owner with any person, company or cor- 
poration, public or private, in or out of the State, except as to 
such ownership as may accrue to the State by escheat, or by 
forfeiture, by operation or provision of law; and except as to 
such ownership as may accrue to the State, or to any county, 
city, town, township or school district, or to either or any 
of them, jointly with any person, company or corporation, by 
forfeiture or sale of real estate for non-payment of taxes, or by 
donation or devise for public use,, or by purchase by or on 
behalf of any or either of them, jointly with any or either of 
them, under execution in cases of fines, penalties, or forfeiture 
or recognizance, breach of condition of official bond, or of 
bond, to secure public moneys, or the performance of any con- 
tract in which they or any of them may be jointly or severally 
interested. 

Sec. 3. Public debt. — The State shall not contract any 
debt by loan in any form, except to provide for casual 
deficiencies of revenue, erect public buildings for use of the 
State, suppress insurrection, defend the State, or, in time of 
war, assist in defending the United States; and the amount of 
the debt contracted in any one year to provide for deficiencies 
of revenue shall not exceed one-fourth of a mill on each dollar 
of valuation of taxable property within the State, and the 



CONSTITUTION OP COLORADO. 41 

aggregate amount of such debt shall not at any time exceed 
three-fourths of a mill on each dollar of said valuation until 
the valuation shall equal one hundred millions of dollars, and 
thereafter such debt shall not exceed one hundred thousand 
dollars, and the debt incurred in any one year for erection of 
public buildings shall not exceed one-half mill on each dollar 
of said valuation, and the aggregate amount of such debt shall 
never at any time exceed the sum of fifty thousand dollars 
(except as provided in Section Five of this Article), and in all 
cases the valuation in this section mentioned shall be that of 
the assessment last preceding the creation of said debt. 

Sec. 4. Law creating debt. — In no case shall any debt 
above mentioned in this Article be created except by a law 
which shall be irrepealable, until the indebtedness therein 
provided for shall have been fully paid or discharged; such 
law shall specify the purposes to which the funds so raised 
shall be applied, and provide for the levy of a tax sufficient 
to pay the interest on, and extinguish the principal of such 
debt within the time limji ted by such law for the payment 
thereof, which in the case of debts contracted for the erection of 
public buildings and supplying deficiencies of revenue, shall 
not be less than ten nor more than fifteen years, and the funds 
arising from the collection of any such tax shall not be applied 
to any other purpose than that provided in the law levying the 
same, and when the debt thereby created shall be paid or dis- 
charged, such tax shall cease, and the balance, if any, to the 
credit of the fund shall immediately be placed to the credit 
of the general fund of the State. 

Sec. 5. Debt for public buildings. — A debt for the purpose 
of erecting public buildings may be created by law, as pro- 
vided, for in Section four of this Article, not exceeding in the 
aggregate three mills on each dollar of said valuation, Provided, 
That before going into effect, such law shall be ratified by the 
vote of a majority of such qualified electors of the State as 
shall vote thereon at a general election under such regulations 
as the General Assembly may prescribe. 



[Section 6 orginally read: "No county shall contract any 
debt by loan in any form except for the purpose of erecting 
necessary public buildings, making or repairing public roads 
and bridges, and such indebtedness contracted in any one year 
shall not exceed the rates upon the taxable property in such 
county, following, to wit: Counties in which the assessed valu- 
ation of taxable property shall exceed five millions of dollars, 
one dollar and fifty cents on each thousand dollars thereof; 
Counties in which such valuation shall be less than five mill- 
ions of dollars, three dollars on each thousand dollars thereof; 
And the aggregate amount of indebtedness of any county for 
all purposes, exclusive of debts contracted before the adoption 
of this Constitution, shall not at any time exceed twice the 
amount above herein limited, unless when in manner provided 



42 CONSTITUTION OP COLORADO. 

by law, the question of incurring- such debt shall, at a general 
election be submitted to such of the qualified electors of such 
county as in the year last preceding such election shall have 
paid a tax upon property assessed to them in such county, and 
a majority of those voting thereon shall vote in favor of incurr- 
ing- the debt; but the bonds, if any be issued therefor, shall not 
run less than ten years, and the aggregate amount of debt so 
contracted shall not at any time exceed twice the rate upon the 
valuation last herein mentioned. Provided, That this Section 
shall not apply to counties having a valuation of less than one 
million of dollars."] 



But Section 6 was amended November 6, 1888, and reads as 
follows: 

Sec. 6. County debts — Limits. — No county shall contract 
any debt by loan in any form except for the purpose of erect- 
ing necessary public buildings, making- or repairing- public 
roads and bridges; and such indebtedness contracted in any 
one year shall not exceed the rates upon the taxable property 
in such county, following, to- wit: Counties in which the 
assessed valuation of taxable property shall exceed five millions 
of dollars, one dollar and fifty cents on each thousand dollars 
thereof; Counties in which such valuation shall be less than 
five millions of dollars, three dollars on each thousand dollars 
thereof; And the aggregate amount of indebtedness of any 
county for all purposes, exclusive of debts contracted before 
the adoption of this Constitution, shall not at any time exceed 
twice the amount above herein limited unless when in manner 
provided by law, the question of incurring such debt shall, at a 
general election, be submitted to such of the qualified electors 
of such county as in the year last preceding such election shall 
have paid a tax upon property assessed to them in such county, 
and a majority of those voting thereon shall vote in favor of 
incurring the debt; but the bonds, if any be issued therefor, 
shall not run less than ten years, and the aggregate amount of 
debt so contracted shall not at any time exceed twice the rate 
upon the valuation last herein mentioned; Provided, That any 
county in this State which has an indebtedness outstanding, 
either in the form of warrants issued for purposes provided by 
law prior to December 31, A. D., 1886, or in the form of funding 
bonds issued prior to such date for such warrants previously 
outstanding, or in the form of public building, road or bridge 
bonds outstanding at such date, may contract a debt by loan 
by the issuance of bonds for the purpose of liquidating such 
indebtedness, provided the question of issuing said bonds shall, 
at a general or special election called for that purpose, be sub- 
mitted to the vote of such of the duly qualified electors of such 
county as in the year last preceding such election shall have 
paid a tax upon property assessed in such county, and the 
majority of those voting thereon shall vote in favor of issuing 
the bonds. Such election shall be held in the manner prescribed 
by the laws of this State for the issuance of road, bridge and 



CONSTITUTION OF COLORADO. 4o 

public building bonds, and the bonds authorized at such election 
shall be issued and provision made for their redemption in the 
same manner as provided in said law- 
Sec. 7. Debt for school buildings. — No debt by loan in any 
form shall be contracted by any school district for the purpose 
of erecting and furnishing school buildings, or purchasing 
grounds, unless the proposition to create such debts shall first 
be submitted to such qualified electors of the district as shall 
have paid a school tax therein, in the year next preceding such 
election, and a majority of those voting thereon shall vote in 

Cr of incurring such debt. 
Sec. 8. City indebtedness. — No city or town shall contract 
debt by loan in any form, except by means of an ordinance, 
which shall be irrepealable, until the indebtedness therein pro- 
vided for shall have been fully paid or discharged, specifying 
the purposes to which the funds to be raised shall be applied, 
and providing for the levy of a tax, not exceeding twelve (12) 
mills on each dollar of valuation of taxable property within 
such city or town sufficient to pay the annual interest and 
extinguish the principal of such debt within fifteen, but not 
less than ten years from the creation thereof, and such tax 
when collected shall be applied only to the purposes in such 
ordinance specified, until the indebtedness shall be paid or dis- 
charged. But no such debt shall be created unless the question of 
incurring the same shall at a regular election for councilmen, 
aldermen, or officers of such city or town, be submitted to a 
vote of such qualified electors thereof as shall in the year next 
preceding have paid a property tax therein, and a majority of 
those voting on the question by ballot deposited in a separate 
ballot-box, shall vote in favor of creating such debt; but the 
aggregate amount of debt so created, together with the debt 
existing at the time of such election, shall not at any time 
exceed three per cent, of the valuation last aforesaid. Debts 
contracted for supplying water to such city or town are 
excepted from the operation of this Section. The valuation in 
this Section mentioned shall be in all cases that of the assess- 
ment next preceding the last assessment before the adoption 
of such ordinance. 

Sec. 9. Restriction of this article not retroactive. — Nothing 
contained in this Article shall be so construed as to either 
impair or add to the obligation of any debt heretofore con- 
tracted by any county, city, town, or school district, in accord- 
ance with the laws of Colorado Territory, or prevent the con- 
tracting of any debt, or the issuing of bonds therefor in accord- 
ance with said laws upon any proposition for that purpose 
which may have been, according to said laws, submitted to a 
vote of the qualified electors of any county, city, town or school 
district, before the day on which this Constitution takes effect. 



z 



44 CONSTITUTION OP COLORADO. 

ARTICLE XII. 

Officers. 

Sec. 1. When offices expire. — Every person holding any 
civil office under the State, or any municipality therein, shall, 
unless removed according- to law, exercise the duties of such 
office until his successor is duly qualified; but this shall not 
apply to members of the General Assembly, nor to members of 
any Board or Assembly, two or more of whom are elected at the 
same time; the General Assembly may by law provide for sus- 
pending any officer in his functions, pending impeachment or 
prosecution for misconduct in office. 

Sec. 2. Personal attention required. — No person shall hold 
any office or employment of trust or profit, under the laws of 
the State, or any ordinance of any municipality therein, without 
devoting his personal attention to the duties of the same. 

Sec. 3. Defaulting collector. — No person who is now or 
hereafter may become a collector or receiver of public money, 
or the deputy, or assistant of such collector or receiver, and 
who shall have become a defaulter in his office, shall be eligible 
to or assume the duties of any office of trust or profit in this 
State under the laws thereof, or of any municipality therein, 
until he shall have accounted for and paid over all public 
money for which he may be accountable. 

Sec. 4. Disqualifications for office. — No person hereafter 
convicted of embezzlement of public money, bribery, perjury, 
solicitation of bribery, or subornation of perjury, shall be eli- 
gible to the General Assembly, or capable of holding any office 
of trust or profit in this State. 

Sec. 5. Supervising power of the district court. — The 
District Court of each county shall, at each term thereof, spec- 
ially give in charge to the grand jury, if there be one, the laws 
regulating the accountability of the County Treasurer, and shall 
appoint a committee of such grand jury, or of other reputable 
persons, not exceeding five, to investigate the official accounts 
and affairs of the Treasurer of such county, and report to the 
Court the condition thereof. The Judge of the District Court 
may appoint a like committee in vacation at any time, but not 
oftener than once in every three months. The District Court 
of the County wherein the seat of government may be shall 
have the like power to appoint committees to investigate the 
official accounts and affairs of the State Treasurer and the 
Auditor of State. 

Sec. 6. Bribery defined. — Any civil officer or member of 
the General Assembly who shall solicit, demand or receive, or 
consent to receive, directly or indirectly, for himself or for 
another, from any company, corporation or person, any money, 
office, appointment, employment, testimonial, reward, thing of 
value or enjoyment, or of personal advantage, or promise there- 
of, for his vote, official influence or action, or for withholding the 



CONSTITUTION OF COLORADO. 45 

same, or with an understanding- that his official influence or 
action shall be in any way influenced thereby, or who shall solicit 
or demand any such money or advantage, matter or thing afore- 
said for another, as the consideration of his vote, official influ- 
ence or action, or for withholding the same, or shall g-ive or 
withold his vote, official influence or action, in consideration of 
the payment or promise of such money, advantage, matter or 
thing to another, shall be held guilty of bribery, or solicitation 
of bribery as the case may be, within the meaning of thht 
Constitution, and shall incur the disabilities provided thereby 
for such offense, and such additional punishment as is or shall 
be prescribed by law. 

Sec- 7. Oath of members of general assembly. — Every 
member of the General Assembly shall, before he enters upon 
his offical duties, take an oath or affirmation to support the 
Constitution of the United States and of the State of Colorado, 
and to faithfully perform the duties of his office according to 
the best of his ability. This oath or affirmation shall be 
administered in the Hall of the House to which the member 
shall have been elected. 

Sec. 8. Oath of civil officers. — Every civil officer, except 
members of the General Assembly and such inferior officers 
as may be by law exempted, shall, before he enters upon the 
duties of his office, take and subscribe an oath or affirmation 
to support the Constitution of the United States and of the 
State of Colorado, and to faithfully perform the duties of the 
office upon which he shall be about to enter. 

Sec. 9. Where oaths must be filed. — Officers nf the Execu- 
tive Department and Judges of the Supreme and District 
Courts, and District Attorneys, shall file their oaths of office 
with the Secretary of State; every other officer shall file his 
oath of office with the County Clerk of the county wherein he 
shall have been elected. 

Sec. 10. Vacancy. — If any person elected or appointed to 
any office shall refuse or neglect to qualify therein within the 
time prescribed by law, such office shall be deemed vacant. 

Sec 11. Term of officer elected to fill vacancy. — The term 
of office of any officer elected to fill a vacancy shall terminate 
at the expiration of the term during which the vacancy 
occurred. 

Sec. 12. Duel. — Xo person who shall hereafter fight a duel, 
or assist in the same as a second, or send, accept or knowingly 
carry a challenge therefor, or agree to go out of the State to 
fight a duel, shall hold any office in the State. 

ARTICLE XIII. 
Impeachments. 

Sec 1. The House of Representatives shall have the sole 
power of impeachment. The concurrence of a majority of all 
the members shall be necessary to an impeachment. All 



46 CONSTITUTION OF COLORADO. 

impeachments shall be tried by the Senate, and when sitting 
for that purpose, the Senators shall be upon oath or affirmation 
to do justice according to law and evidence. When the Gov- 
ernor or Lieutenant Governor is on trial, the Chief Justice of 
the Supreme Court shall preside. No person shall be convicted 
without a concurrence of two-thirds of the Senators elected. 

Sec. 2. Who may be impeached. — The Governor and other 
State and Judicial officers, except County Judges and Justices 
of the Peace, shall be liable to impeachment for high crimes or 
misdemeanor, or malfeasance in office, but judgment in such 
cases shall only extend to removal from office and disquali- 
fication to hold any office of honor, trust or profit in the State. 
The party, whether convicted or acquitted, shall, nevertheless, 
be liable to prosecution, trial, judgment and punishment 
according to law. 

Sec. 3. Other officers subject to removal. — All officers not 
liable to impeachment shall be subject to removal for miscon- 
duct or malfeasance in office, in such manner as may be pro- 
vided by law- 

ARTICLE XIV. 

Counties. 

Sec. 1. The several counties of the Territory of Colorado, 
as they now exist, are hereby declared to be counties of the 
State. 

Sec. 2. Removal of county seats. — The General Assembly 

shall have na power to remove the county seat of any county, 
but the removal of county seats shall be provided for by gen- 
eral law, and no county seat shall be removed unless a major- 
ity of the qualified electors of the county, voting on the propo- 
sition at a general election, vote therefor; and no such propo- 
sition shall be submitted oftener than once in four years, and 
no person shall vote on such proposition who shall not have 
resided in the county six months and in the election precinct 
ninety days next preceding such election. 

Sec. 3. Division of counties. — No part of the territory of 
any county shall be stricken off and added to an adjoining 
county, without first submitting the question to the qualified 
voters of the county from which the territory is proposed to be 
stricken off; nor unless a majority of all the qualified voters of 
said county voting on the question, shall vote therefor. 

Sec- 4. New counties. — In all cases of the establishment 
of any new county, the new county shall be held to pay its 
ratable proportion of all then existing liabilities, of the county 
or counties from which such new county shall be formed. 

Sec. 5. Debts. — When any part of a county is stricken off 
and attached to another county, the part stricken off shall be 
held to pay its ratable proportion of all then existing liaoilities 
of the county from which it is taken. 



CONSTITUTION OP COLORADO. 47 

County Officers. 



[Section 6 originally read: "In each county there shall be 
elected for the term of three years, three County Commissioners, 
who shall hold sessions for the transaction of county business 
as provided by law, any two of whom shall constitute a quorum 
for the transaction of business. One of said Commissioners 
shall be elected on the first Tuesday in Octobier, eighteen hun- 
dred and seventy-six, and every year thereafter one such officer 
shall be elected in each county, at the general election, for the 
term of three years; Provided, That when the population of 
any county shall exceed ten thousand, the Board of County 
Commissioners may consist of five members, who shall be 
elected as provided by law, any three of whom shall constitute 
a quorum for the transaction of business."] 



But Section 6 was amended November 4, 1902, to read as 
follows: 

Sec. 6. County commissioners. — In each county having- a 
population of less than seventy thousand there shall be elected, 
for a term of four years each, three county commissioners, who 
shall hold sessions for the transaction of county business as 
provided by law; any two of whom shall constitute a quorum 
for the transaction of business. Two of said commissioners 
shall be elected at the general election in the year nineteen 
hundred and four, and at the general election every four years 
thereafter; and the other one of said commissioners shall be 
elected at the general election in the year nineteen hundred and 
six, and at the general election every four years thereafter; 
Provided, That when the population of any county shall equal 
or exceed seventy thousand, the board of county commissioners 
may consist of five members, any three of whom shall consti- 
tute a quorum for the transaction of business. Three of said 
commissioners in said county shall be elected at the general 
election in the year nineteen hundred and four, and at the gen- 
eral election every four years thereafter; and the other two of 
said commissioners in such county shall be elected at the gen- 
eral election in the year nineteen hundred and six and every 
four years thereafter; and all of such commissioners shall be 
elected for the term of four years. The term of office of the 
county commissioners in each county that expires in January, 

1904, is hereby extended to the second Tuesday in January, A. D. 

1905, and the term of office of the county commissioners that 
expires in January, 1906, is hereby extended to the second Tues- 
day in January, A. D. 1907; and in counties having a population 
of more than seventy thousand, the term of office of the com- 
missioners that expires in 1904 shall be extended to the second 
Tuesday in January, 1905, and the term of office of the county 
commissioners that expires in 1906 is hereby extended to the 
second Tuesday in January, 1907. This section shall govern, 
except as hereinafter otherwise expressly directed or permitted 
by constitutional enactment. 



48 CONSTITUTION OF COLORADO. 

Sec. 7. Compensation. — The compensation of all county 
and precinct officers shall be as provided by law. 



[Section 8 originally read: "There shall be elected in each 
county, on the first Tuesday in October, in the year eighteen 
hundred and seventy-seven, and every alternate year forever 
thereafter, one county clerk, who shall be ex-offieio Recorder 
of Deeds and Clerk of the Board of County Commissioners; one 
Sheriff; one Coroner; one Treasurer, who shall be collector of 
taxes; one County Superintendent of Schools; one County Sur- 
veyor; and one County Assessor."] 



But Section 8 was amended November 4, 1902, to read as 
follows: 

Sec. 8. Other county officers. — There shall be elected in 
each county, at the same time at which members of the Gen- 
eral Assembly are elected, commencing in the year nineteen hun- 
dred and four, one county clerk, who shall be ex officio recorder 
of deeds and clerk of the board of County Commissioners; one 
Sheriff; one Coroner; one Treasurer, who shall be collector of 
taxes; one County Superintendent of Schools; one County Sur- 
veyor; one County Assessor; one County Attorney, who may be 
elected, or appointed, as shall be provided by law; and such 
officers shall be paid such salary or compensation, either from 
the fees, perquisites and emoluments of their respective offices, 
or from the general county fund, as may be provided by law- 
The term of office of all such officials that expire in January, 
1904, is hereby extended to the second Tuesday in January, A. 
D., 1905. This section shall govern, except as hereinafter other- 
wise expressly directed or permitted by constitutional enact- 
ment. 

Sec. 9. Vacancy — How filled. — In case of a vacancy occurring 
in the office of County Commissioner, the Governor shall fill the 
same by appointment; and in case of a vacancy in any other 
county office, or in any precinct office, the board of County 
Commissioners shall fill the same by appointment; and the per- 
son appointed shall hold the office until the next ^general 
election, or until the vacancy be filled by election according to 
law. 

Sec. 10. Voter only eligible to office. — No person shall be 
eligible to any county office unless he shall be a qualified 
elector; nor unless he shall have resided in the county one year 
preceding his election. 



[Section 11 originally read: "There shall, at the first 
election at which county officers are chosen, and annually 
thereafter, be elected in each precinct, one Justice of the Peace, 
and one Constable, who shall each hold his office for the term 
of two years; Provided, That in precincts containing five thous- 
and or more inhabitants, the number of Justices and Constables 
may be increased as provided by law."] 



CONSTITUTION OF COLORADO. 40 

But Section 11 was amended November 4, 1902, to read as 
follows: 

Sec- 11. There shall be elected at the same time at which 
members of the General Assembly are elected, beginning with 
the year nineteen hundred and four, two Justices of the Peace 
and two Constables in each precinct in each county, who shall 
hold their office for a term of two years; Provided, That, in 
precincts containing fifty thousand (50,000) or more inhabi- 
tants, the number of Justices and Constables may be increased 
as provided by law. The term of office of all Justices of the 
Peace that expires in January, 1904, is hereby extended to the 
second Tuesday in January, 1905. This section shall govern, 
except as hereinafter otherwise expressly directed or permitted 
by constitutional enactment. 

Sec 12. Other officers. — The General Assembly shall pro- 
vide for the election or appointment of such other county, 
township, precinct and municipal officers as public convenience 
may require; and their terms of office shall be as prescribed 
by law, not in any case to ^exceed two years. 

Sec. 13. Classification of cities and towns. — The General 
Assembly shall provide by general laws, for the organization 
and classification of cities and towns. The number of such 
classes shall not exceed four; and the powers of each class shall 
be defined by general laws, so that all municipal corporations of 
the same class shall possess the same powers and be subject 
to the same restrictions. 

Sec. 14. Incorporation of cities. — The General Asembly shall 
also make provision, by general law, whereby any city, town, or 
village, incorporated by any special or local law, may elect to 
become subject to and be governed by the general law relating 
to such corporations. 

Sec. 15. Classification of counties. — For the purpose of 
providing for and regulating the compensation of county and 
precinct officers, the General Assembly, shall, by law classify 
the several counties of the State according to population, 
and shall grade and fix the compensation of the officers within 
the respective classes according to the population thereof. Such 
law shall establish scales of fees to be charged and collected by 
such of the county and precinct officers as may be designated 
therein, for services to be performed by them respectively and 
where salaries are provided, the same shall be payable only out 
of the fees actually collected in all cases where fees are pres- 
scribed- All fees, perquisites and emoluments above the amount 
of such salaries shall be paid into the county treasury. 

ARTICLE XV. 
Corporations. 

Sec. 1. Unused -charters void — All existing charters or 
grants of special or exclusive privileges, under which the cor- 
porators or grantees shall not have organized and commenced 

4 



50 CONSTITUTION OF COLORADO. 

business in good faith at the time of the adoption of this Con- 
stitution, shall thereafter have no validity. 

Sec. 2. Charters. — No charter of incorporation shall be 
granted, extended, changed or amended by special law, except 
for such municipal, charitable, educational, penal or reforma- 
tory corporations as are or may be under the control of the 
S.ate; but the General Assembly shall provide by general laws 
for the organization of corporations hereafter to be created. 

Sec. 3. Power to revoke charters. — The General Assembly 

shall have the power to alter, revoke or annul any charter of 
incorporation now existing and revocable at the adoption of 
this Constitution, or any that may hereafter be created, when- 
ever, in their opinion it may be injurious to the citizens of the 
State, in such manner, however, that no injustice shall be done 
to the corporators. 

Sec. 4. All railroads are common carriers. — All railroads 
shall be public, highways, and all railroad companies shall be 
common carriers. Any association or corporation organized 
for the purpose, shall have the right to construct and operate 
a railroad between any designated points within this State, 
and to connect at the State line with railroads of other States 
and Territories. Every railroad company shall have the right 
with its road to intersect, connect with or cross any other rail- 
road. 

Sec. 5. Consolidation of competing railroads forbidden. — 
No railroad corporation, or the lessees or managers thereof, 
shall consolidate its stock, property or franchises with any 
other railroad corporation owning or having under its control 
a parallel or competing line. 

Sec. 6. Equal rights to transportation. — All individuals, 
associations and corporations shall have equal rights to have 
persons and property transported over any railroad in this 
State, and no undue or unreasonable discrimination shall be 
made in charges or in facilities for transportation of freight or 
passengers within the State, and no railroad company, nor any 
lessee, manager or employe thereof, shall give any preference 
to individuals, associations or corporations in furnishing cars 
or motive power. 

Sec. 7. Railroads required to accept constitution. — No rail- 
road or other transportation company in existence at the time 
of the adoption of this Constitution, shall have the benefit of 
any future legislation, without first filing in the office of the 
Secretary of State an acceptance of the provisions of this Con- 
stitution, in binding form. 

Sec. 8. Eminent domain. — The right of eminent domain 
shall never be abridged, nor so construed as to prevent the 
General Assembly from taking the property and franchises of 
incorporated companies, and subjecting them to public use, the 
same as the property of individuals; and the police power of 
the State shall never be abridged or so construed as to permit 



CONSTITUTION OP COLORADO. 51 

corporations to conduct their business in such manner as to 
infringe the equal *rights of individuals or the general well- 
being of the State. 

Sec* 9. Fictitious stock forbidden. — No corporation shall 
issue stocks or bonds, except for labor done, service performed 
or money or property actually received, and all fictitious 
increase of stock or indebtedness shall be void. The stock of 
corporations shall not be increased except in pursuance of gen- 
eral law, nor without the consent of the persons holding a 
majority of the stock, first obtained at a meeting held after at 
least thirty days' notice given in pursuance of law. 

Sec. 10. Foreign corporation must have agent. — No foreign 
corporation shall do any business in this State without having 
one or more known places of business, and an authorized 
agent or agents in the same, upon whom process may be 
served. 

Sec. 11. Street railways. — No street railroad shall be con- 
structed within any city, town or incorporated village, without 
the consent of the local authorities having the control of the 
street or highway proposed to be occupied by such street rail- 
road. 

Sec. 12. Retrospective laws forbidden — The General 
Assembly shall pass no law for the benefit of a railroad or 
other corporation, or any individual, or association of individ- 
uals, retrospective in its operations, or which imposes on the 
people of any county or municipal subdivision of the State, a 
new liability in respect to transactions or considerations 
already past. 

Sec. 13. Telegraph lines. — Any association or corporation, 
or the lessees or managers thereof, organized for the purpose, 
or any individual, shall have the right to construct and main- 
tain lines of telegraph within this State, and to connect the 
same with other lines, and the General Assembly shall, by gen- 
eral law, of uniform operation, provide reasonable regulations 
to give full effect to this section. No telegraph company shall 
consolidate with, or hold a controlling interest in, the stock or 
bonds of any other telegraph company owning or having the 
control of a competing line, or acquire, by purchase or other- 
wise, any other competing line of telegraph. 

Sec. 14. Courts' jurisdiction over railroad, etc. — If any 
roalroad, telegraph, express or other corporation organized 
under any of the laws of this State, shall consolidate, by sale 
or otherwise, with any railroad, telegraph, express or other cor- 
poration organized under any laws of any other. State or Ter- 
ritory, or of the United States, the same shall not thereby 
become a foreign corporation, but the courts of this State shall 
retain jurisdiction over that part of the corporate property 
within the limits of the State in all matters which may arise, 
as if said consolidation had not taken place. 



52 CONSTITUTION OF COLORADO. 

Sec. 15. Employees cannot release liability. — It shall be 
unlawful for any person, company or corporation to require of 
its servants or employes, as a condition of their employment 
or otherwise, any contract or agreement, whereby such person, 
company or corporation shall be released or dischaged from 
liability or responsibility on account of personal injuries 
received by such servants or employes while in the service of 
such person, company or corporation, by reason of the negli- 
gence of such person, company or corporation, or the agents or 
employes thereof, and such contracts shall be absolutely null 
and void. 

ARTICLE XVI. 

Mining and Irrigation. 

Mining. 

Sec. 1. Commissioner of mines. — There shall be established 
and maintained the office of Commissioner of Mines, the duties 
and salary of which shall be prescribed by law. When said 
office shall be established, the Governor shall, with the advice 
and consent of the Senate, appoint thereto a person known to 
be competent, whose term of office shall be four years. 

Sec. 2. Ventilation of mines and child labor. — The Gen- 
eral Assembly shall provide by law for the proper ventilation 
of mines, the construction of escapement shafts, and such other 
appliances as may be necessary to protect the health and 
secure the safety of the workmen therein; and shall prohibit 
the employment in the mines of children under twelve years of 
age- 

Sec. 3. Drainage of mines. — The General Assembly may 

make such regulations, from time to time, as may be necessary 
for the proper equitable drainage of mines. 

Sec. 4. Science of mining may be taught. — The General 
Assembly may provide that the science of mining and metal- 
lurgy be taught in one or more of the institutions of learning 
under the patronage of the State. 

Irrigation. 

Sec. 5. Water, public property. — The water of every nat- 
ural stream, not heretofore appropriated, within the State of 
Colorado, is hereby declared to be the property of the public, 
and the same is dedicated to the use of the people of the State, 
subject to appropriation as hereinafter provided- 
Sec. 6. Unappropriated water — The right to divert the 
unappropriated waters of any natural stream to beneficial 
uses shall never be denied. Priority of appropriation shall 
give the better right as between those using the water 
for the same purpose; but when the waters of any natural 



CONSTITUTION OF COLORADO. 53 

stream are not sufficient for the service of all those desiring 
the use of the same, those using- the water for domestic pur- 
poses shall have the preference over those claiming for any 
other purpose, and those using the water for agricultural pur- 
poses shall have preference over those using the same for 
manufacturing purposes. 

Sec. 7. Right of way for ditches. — All persons and corpor- 
ations shall have the right of way across public, private and 
corporate lands for the construction of ditches, canals and 
flumes, for the purpose of conveying water for domestic pur- 
poses, for the irrigation of agricultural lands, and for mining 
and manufacturing purposes, and for drainage, upon payment 
of just compensation. 

Sec. 8. Who may fix rate of water. — The General Assembly 

shall provide by law that the Board of County Commissioners, 
in their respective counties, shall have power, when application 
is made to them by either party interested, to establish rea- 
sonable maximum rates to be charged for the use of water, 
whether furnished by individuals or corporations. 



ARTICLE XVII. 

Militia. 

Sec. 1. Members of the militia.— The Militia of the State 
shall consist of all able-bodied male residents of the State, 
between the ages of eighteen and forty-five years; Except such 
persons as may be exempted by the laws of the United States 
or of the State. 

Sec. 2. Original body of the militia. — The organization, 
equipment and discipline of the militia shall conform as nearly 
as practicable, to the regulations for the government of the 
armies of the United States. 

Sec- 3. Officers. — The Governor shall appoint all General 
Field and Staff Officers, and commission them. Each company 
shall elect its own officers, who shall be commissioned by the 
Governor; but if any company shall fail to elect such officers 
within the time prescribed by law, they may be appointed by 
the Governor. 

Sec. 4. Armories. — The General Assembly shall provide for 
the safe keeping of the public arms, military records, relics and 
banners of the State. 

Sec. 5. Exemption from service in time of peace. — No per- 
son having conscientious scruples against bearing arms, shall 
be compelled to do militia duty in time of peace; Provided, Such 
person shall pay an equivalent for such exemption. 



54 CONSTITUTION OF COLORADO. 

Miscellaneous* 

Sec. 1. Homestead laws. — The General Assembly shall pass 
liberal homestead and exemption laws. 

Sec. 2. Lotteries forbidden. — The General Assembly shall 
have no power to authorize lotteries or gift enterprises for any 
purpose, and shall pass laws to prohibit the sale of lottery or 
gift enterprise tickets in this State. 

Sec. 3. Arbitration laws. — It shall be the duty of the Gen- 
eral Assembly to pass such laws as may be necessary and 
proper to decide difference by arbitrators, to be appointed by 
mutual agreement of the parties to any controversy, who may 
choose that mode of adjustment- The powers and duties of 
such arbitrators shall be as prescribed by law. 

Sec. 4. Felony defined. — The term felony, wherever it may 
occur in this Constitution, or the laws of the State, shall be 
construed to mean any criminal offense punishable by death or 
imprisonment in the penitentiary, and none other. 

Sec. 5. Spurious and drugged liquors. — The General 
Assembly shall prohibit by law the importation into this State, 
for the purpose of sale, of any spurious, poisonous or drugged 
spirituous liquors, or spirituous liquors adulterated with any 
poisonous or deleterious substance, mixture, or compound; and 
shall prohibit the compounding or manufacture within this State, 
except for chemical or mechanical purposes, of any of said 
liquors, whether they be denominated spirituous, vinous, malt 
or otherwise; and shall also prohibit the sale of any such 
liquors to be used as a beverage, and any violation of either of 
said prohibitions shall be punished by fine and imprisonment. 
The General Assembly shall provide by law for the condemna- 
tion and destruction of all spurious, poisonous or drugged 
liquors herein prohibited. 

Sec. 6. Preservation of forests. — The General Assembly 

shall enact laws in order to prevent the destruction of, and to keep 
in good preservation the forests upon the lands of the State, or 
upon the lands of the public domain, the control of which shall 
be conferred by Congress upon the State. 

Sec. 7. Orchard lands may be exempt from taxation. — The 
General Assembly may provide that the increase in the value 
of private lands caused by the planting of hedges, orchards, and 
forests thereon, shall not, for a limited time to be fixed by law, 
be taken into account in assessing such lands for taxation. 

Sec. 8. Promulgation of laws — The General Assembly shall 
provide for the publication of the laws passed at each session 
thereof. And until the year 1900 they shall cause to be pub- 
lished in Spanish and German a sufficient number of copies 
of said Laws to supply that portion of the inhabitants of the 
State who speak those languages, and who may be unable to 
read and understand the English language- 



CONSTITUTION OF COLORADO. 55 

ARTICLE XIX. 

Amendments. 

Sec. 1. How to amend the constitution by convention. — 
The General Assembly may at any time, by a vote of two-thirds 
of the members elected to each House, recommend to the elect- 
ors of the State, to vote at the next general election for or 
against a convention to revise, alter, and amend this Consti- 
tution; and if a majority of those voting on the question shall 
declare in favor of such convention, the General Assembly shall, 
at its next session, provide for the calling thereof. The number 
of members of the Convention shall be twice that of the Senate, 
and they shall be elected in the same manner, at the same 
places, and in the same districts. The General Assembly shall, 
in the Act of calling the Convention designate the day, hour, 
and place of its meeting, fix the pay of its members and officers, 
and provide for the payment of the same, together with the 
necessary expenses of the Convention. Before proceeding, the 
members shall take an oath to support the Constitution of the 
United States, and of the State of Colorado, and to faithfully 
discharge their duties as members of the convention. The 
qualifications of members shall be the same as of members of 
the Senate; and vacancies occuring shall be filled in the man- 
ner provided for filling vacancies in the General Assembly. 
Said Convention shall meet within three months after such 
election, and prepare such revisions, alterations, or amend- 
ments to the Constitution as may be deemed necessary; which 
shall be submitted to the electors for their ratification or rejec- 
tion, at an election appointed by the Convention for that pur- 
pose, not less than two nor more than six months after adjourn- 
ment thereof; and unless so submitted and approved by a 
majority of the electors voting at the election, no such revision, 
alteration, or amendment shall take effect. 



[Section 2 originally read: "Any amendment or amend- 
ments to this Constitution may be proposed in either House of 
the General Assembly, and if the same shall be voted for by 
two-thirds of all the members elected to each House, such pro- 
posed amendments, together with the ayes and noes of each 
House thereon, shall be entered in full on their respective jour- 
nals; and the Secretary of State shall cause the said amendment 
or amendments to be published in full in at least one newspaper 
in each county (if such there be) for three months previous to 
the next general election for members to the General Assembly; 
and at said election the said amendment or amendments shall 
be submitted to the qualified electors of the State for their 
approval or rejection, and such as are approved by a majority 
of those voting thereon shall become part of this Constitution; 
but the General Assembly shall have no power to propose 
amendments to more than one Article of this Constitution at 
the same session."] 



56 CONSTITUTION OP COLORADO. 

But Section 2 was amended November 6, 1900, to read as 
follows: 

Sec. 2. Amendments may be submitted by the General 
Assembly. — Any amendment or amendments to this Constitution 
may be proposed in either House of the General Assembly, and 
if the same shall be voted for by two-thirds of all the members 
elected to each House, such proposed amendment or amend- 
ments, together with the ayes and noes of each House thereon, 
shall be entered in full on their respective journals; the pro- 
posed amendment or amendments shall be published with the 
laws of that session of the General Assembly, and the Secre- 
tary of State shall also cause the said amendment or amend- 
ments to be published in full in not more than one newspaper 
of general circulation in each county, for four successive weeks 
previous to the next general election for members tp the Gen- 
eral Assembly; and at said election the said amendment or 
amendments shall be submitted to the qualified electors of the 
State for their approval or rejection, and such as are approved 
by a majority of those voting thereon shall become part of this 
Constitution. 

Provided, That if more than one amendment be submitted 
at any general election, each of said amendments shall be voted 
upon separately and votes thereon cast shall be separately 
counted the same as though but one amendment was submitted. 
But the General Assembly shall have no power to propose 
amendments to more than six articles of this Constitution at 
the same session. 

Article XX was added to the Constitution by amendment, 
November 4, 1902. 

ARTICLE XX. 

City and County of Denver. Incorporation. 

Sec. 1. The municipal corporation known as the City of 
Denver, and all municipal corporations and that part of the 
quasi-municipal corporation known as the county of Arapahoe, 
in the State of Colorado, included within the exterior bounda- 
ries of the said City of Denver as the same shall be bounded 
when this amendment takes effect, are hereby consolidated and 
are hereby declared to be a single body politic and corporate, by 
th name of the "City and County of Denver." By that name 
said corporation shall have perpetual succession, and shall own, 
possess and hold all property, real and personal, theretofore 
owned, possessed or held by the said City of Denver and by 
such included municipal corporations, and also all property, 
real and personal, theretofore owned, possessed or held by the 
said county of Arapahoe, and shall assume, manage and dis*- 
pose of all trusts in any way connected therewith; shall succeed 
to all the rights and liabilities, and shall acquire all benefits, 
and shall assume and pay all bonds, obligations and indebted- 
ness of said City of Denver and of said included municipal cor- 



CONSTITUTION OF COLORADO. 57 

porations and of the county of Arapahoe; by that name may 
sue and defend, plead and be impleaded, in all courts and places, 
and in all matters and proceedings; may have and use a com- 
mon seal and alter the same at pleasure; may purchase, receive, 
hold and enjoy, or sell and dispose of, real and personal prop- 
erty; may receive bequests, gifts and donations of all kinds of 
property, in fee simple, or in trust for public, charitable or other 
purposes; and do all things and acts necessary to carry out the 
purposes of such gifts, bequests and donations, with power to 
manage, sell, lease or otherwise dispose of the same in accord- 
ance with the terms of the gift, bequest or trust; shall have the 
power, within or without its territorial limits, to construct, con- 
demn and purchase, purchase, acquire, lease, add to, maintain, 
conduct and operate, water works, light plants, power plants, 
transportation systems, heating plants, and any other public 
utilities or works or ways local in use and extent, in whole or 
in part, and everything required therefore, for the use of said city 
and county and the inhabitants thereof, and any such systems, 
plants or works or ways, or any contracts in relation or con- 
nection with either, that may exist and which said city and 
county may desire to purchase, in whole or in part, the same 
or any part thereof may be purchased by said city and county 
which may enforce such purchase by proceedings at law as in 
taking land for public use by right of eminent domain, and shall 
have the power to issue bonds upon the vote of the taxpaying 
electors, at any special or general election, in any amount neces- 
sary to carry out any of said powers or purposes, as may by the 
charter be provided. 

The general annexation and consolidation statutes of the 
state shall apply to the city and county of Denver to the same 
extent and in the same manner that they would apply to the 
City of Denver if it were not merged, as in this amendment 
provided, into the City and County of Denver. Any contiguous 
town, city or territory hereafter annexed to or consolidated with 
the City and County of Denver, under any of the laws of this 
State, in whatsoever county the same may be at the time, shall 
be detached per se from such other county and become a muni- 
cipal and territorial part of the City and County of Denver, 
together with all property thereunto belonging. 

The City and County of Denver shall alone always consti- 
tute one judicial district of the State. 

Officers. 

Sec. 2. The officers of the City and County of Denver shall 
be such as by appointment or election may be provided for by the 
charter; and the jurisdiction, term of office, duties and qualifi- 
cations of all such officers shall be such as in the charter may 
be provided; but every charter shall designate the officers who 
shall, respectively, perform the acts and duties required of 
county officers to be done by the Constitution or by the general 
law, as far as applicable. If any officer of said City and 



58 CONSTITUTION OF COLORADO. 

County of Denver shall receive any compensation whatever, 
he or she shall receive the same as a stated salary, the amount 
of which shall be fixed by the charter, and paid out of the treas- 
ury of the city and county of Denver in equal monthly pay- 
ments. 

Transfer of Government. 

Sec. 3. Immediately upon the canvass of the vote showing 
the adoption of this amendment, it shall be the duty of the 
Governor of the State to issue his proclamation accordingly, and 
thereupon the City of Denver, and all municipal corporations 
and that part of the County of Arapahoe within the boundaries 
of said City, shall merge into the City and County of Denver, 
and the terms of office of all officers of the City of Denver 
and of all included municipalities and of the County of Arapa- 
hoe shall terminate; except that the then Mayor, Auditor, Engin- 
eer, Council (which shall perform the duties of a Board of County 
Commissioners), Police Magistrate, Chief of Police and Boards, 
of the City of Denver shall become, respectively, said officers of 
the City and County of Denver, and said Engineer shall be ex 
officio Surveyor and said Chief of Police shall be ex officio 
Sheriff of the City and Counts'- of Denver; and the then Clerk 
and ex officio Recorder, Treasurer, Assessor and Coroner of the 
County of Arapahoe, and the Justices of the Peace and Consta- 
bles holding office within the City of Denver, shall become, 
respectively said officers of the City and County of Denver, 
and the District Attorney shall also be ex officio Attorney of 
the City and County of Denver. The foregoing officers shall 
hold the said offices as above specified only until their succes- 
sors are duly elected and qualified as herein provided for; except 
that the then District Judge, County Judge and District Attorney 
shall serve their full terms, respectively, for which elected. 
The Police and Firemen of the City of Denver, except the Chief 
of Police as such, shall continue severally as the Police and 
Firemen of the City and County of Denver until they are sev- 
erally discharged under such civil service regulations as shall 
be provided by the charter; and every charter shall provide 
that the department of Fire and Police, and the Department of 
public utilities and works shall be under such civil service regu- 
lations as in said charter shall be provided. 

First Charter. 

Sec 4. The quarter and ordinances of th^ City 
of Denver, as the same shall exist when this amendment takes 
effect, shall, for the time being only, as far as applicable, be the 
charter and ordinances of the City and County of Denver; but 
the people of the City and County of Denver are hereby vested 
with, and they shall always have the exclusive power in the 
making, altering, revising or amending their charter, and 
within ten days after the proclamation of the Governor 
announcing the adoption of this amendment, the Council of 



CONSTITUTION OF COLORADO. 59 

the City and County of Denver shall, by ordinance, call a spec- 
ial election, to be conducted as provided by law, of the qualified 
electors in said City and County of Denver, for the election of 
twenty-one taxpayers, who shall have been qualified electors 
within the limits thereof for at least five years, who shall con- 
stitute a charter convention, to frame a charter for said City 
and County in harmony with this amendment- Immediately 
upon completion, the charter so framed, with a prefatory syn- 
opsis, shall be signed by the officers and members of the con- 
vention and delivered to the clerk of said City and County, who 
shall publish the same in full, with his official certification, 
in the official newspaper of said City and County, three times, 
and a week apart, the first publication being with the call for a 
special election, at which the qualified electors of said City and 
County shall b;& vote express their approval or rejection of the 
said charter. If the said charter shall be approved by a major- 
ity of those voting thereon, then two copies thereof (together 
with the vote for and against), duly certified by the said Clerk, 
shall, within ten days after such vote is taken, be filed with 
the Secretary of State, and shall thereupon become and be the 
charter of the City and County of Denver. But if the said 
charter be rejected, then, within thirty days thereafter, twenty- 
one members of a new charter convention shall be elected at a 
special election, to be called as above in said City and County, 
and they shall proceed as above to frame a charter, which shall 
in like manner and to the like end be published and submitted 
to a vote of said voters for their approval or rejection. If again 
rejected, the procedure herein designated shall be repeated 
(each special election for members of a new charter convention 
being within thirty days after each rejection), until a charter is 
finally approved by a majority of those voting thereon, and 
certified (together with the vote for and against) to the Secre- 
tary of State as aforesaid, whereupon it shall become the 
charter of the said City and County of Denver, and shall become 
the organic law thereof, and supersede any existing charters 
and amendments thereof. The members of each of said charter 
conventions shall be elected at large; and they shall complete 
their labors within sixty days after their respective election. 

Every ordinance for a special election of charter conven- 
tion members shall fix the time and place where the convention 
shall be held, and shall specify the compensation, if any, to be paid 
to the officers and members thereof, allowing no compensation 
in case of non-attendance or tardy-attendance, and shall fix 
the time when the vote shall be taken on the proposed charter, 
to be not less than thirty days nor more than sixty days after 
its delivery to the clerk. The charter shall make proper pro- 
vision for continuing, amending or repealing the ordinances 
of the City and County of Denver. 

All expenses of charter conventions shall be paid out of the 
treasury upon the order of the President and Secretary thereof. 
The expenses of elections for charter conventions and of 



60 CONSTITUTION OP COLORADO. 

charter votes shall be paid out of the treasury, upon the order 
of the council. 

No franchise, relating- to any street, alley or public place 
of the said City and County shall be granted except upon the 
vote of the qualified taxpaying electors, and the question of its 
being granted shall be submitted to such vote upon deposit with 
the treasurer of the expense (to be determined by said treas- 
urer) of such submission by the applicant for said franchise. 
The Council shall have power to fix the rate of taxation on 
property each year for City and County purposes. 

New Charters, Amendments of Measures. 

Sec. 5. The citizens of the City and County of Denver s"hall 
have the exclusive power to amend their charter or to adopt 
a new charter, or to adopt any measure as herein provided: 

It shall be competent for qualified electors, in number not 
less than five per cent, of the next preceding gubernatiorial vote 
in said City and County, to petition the Council for any 
measure, or charter amendment, or for a charter convention. 
The Council shall submit the same to a vote of the qualified 
electors at the next general election, not held within thirty 
days after such petition is filed; whenever such petition is 
signed by qualified electors in number not less than ten per 
cent, of the next preceding gubernatorial vote in said City and 
County, with a request for a special election, the Council shall 
submit it at a special election, to be held not less than thirty 
nor more than sixty days from the date of filing- the petition; 
Provided, That any question so submitted at a special election 
shall not again be submitted at a special election within two 
years thereafter. In submitting any such charter, charter 
amendment or measure, any alternative article or proposition 
may be presented for the choice of the voters, and may be voted 
on separately without prejudice to others. Whenever the ques- 
tion of a charter convention is carried by a majority of those 
voting thereon, a charter convention shall be called through a 
special election ordinance, as provided in section four (4) 
hereof, and the same shall be constituted and held and the pro- 
posed charter submitted to a vote of the qualified electors, 
approved or rejected, and all expenses paid, as in said section 
provided. 

The Clerk of the City and County shall publish, with his 
official certification for three times, a week apart, in the offic- 
ial newspaper, the first publication to be with his call for the 
election, general or special, the full text of any charter, charter 
amendment, measure or proposal for a charter convention, or 
alternative article or proposition, which is to be submitted to 
the voters. Within ten days following- the vote the said Clerk 
shall publish once in said newspaper the full text of any char- 
ter, charter amendment, measure, or proposal for a charter 
convention, or alternative article or proposition, which shall 
have been approved by a majority of those voting thereon, and 



CONSTITUTION OP COLORADO. 61 

he shall file with the Secretary of State two copies thereof 
(with the vote for and against) officially certified by him, and 
the same sh # all go into effect from the date of such filing. He 
shall also certify to the Secretary of State, with the vote for 
and against, two copies of every defeated alternative article or 
proposition, charter, charter amendment, measure or proposal 
for a charter convention. Each charter shall also provide for 
a reference, under proper petition therefor, of measures passed 
by the council to a vote of the qualified electors, and for the 
initiative by the qualified electors of such ordinances as they 
may by petition request. 

The signatures to petitions in this amendment men- 
tioned need not all be on one paper- Nothing herein or else- 
where shall prevent the council, if it sees fit, from adopting 
automatic vote registers for use at elections and references. 

No charter, charter amendment, or measure adopted or 
defeated under the provisions of this amendment shall be 
amended, repealed or revived, except by petition and electoral 
vote. And no such charter, charter amendment or measure 
shall diminish the tax rate for state purposes fixed by act of 
the General Assembly, or interfere in any wise with the col- 
lection of state taxes. 

Cities of the First and Second Class. 

Sec. 6. Cities of the first and second class in this State 
are hereby empowered to propose for submission to a vote of 
the qualified electors, proposals for charter conventions and to 
hold the same, and to amend any such charter, with the same 
force and in the same manner and have the same power, as 
near as may be, as set out in sections four (4) and five (5) 
hereof, with full power as to real and personal property and 
public utilities, works or ways, as set out in section one (1) of 
this amendment. 

SCHOOL DISTRICTS CONSOLIDATED. 

Sec. 7. The City and County of Denver shall alone always 
constitute one school district, to be known as District No. 1, 
but its conduct, affairs and business shall be in the hands of 
a Board of Education consisting of such numbers, elected in 
such manner as the general school laws of the State shall pro- 
vide, and until the first election under said laws of a full Board 
of Education, which shall be had at the first election held after 
the adoption of this amendment, all the directors of school dis- 
trict No. 1 and the respective presidents of the School Boards 
of school districts Nos. 2, 7, 17 and 21 at the time this amend- 
ment takes effect, shall act as such Board of Education, and all 
districts or special charters now existing are hereby abolished. 

The said Board of Education shall perform all the acts and 
duties required to be performed for said district by the general 
laws of the State. Except as inconsistent with this amendment, 



62 CONSTITUTION OF COLORADO. 

the general school laws of the State shall, unless the context 
evinces a contrary intent, be held to extend and apply to the 
said "District No. 1." . 

Upon the annexation of any contiguous municipality which 
shall include a school district or districts, or any part of a dis- 
trict, said school district or districts or part shall be merged in 
said '"District No. 1," which shall then own all the property 
thereof, real and personal, located within the boundaries of such 
annexed municipality, and shall assume and pay all the bonds, 
obligations and indebtedness of each of the said included school 
districts, and a proper proportion of those of partially included 
districts. 

Provided, how r ever, That the indebtedness, both principal 
and interest, which any school district may be under at the 
time when it becomes a part, by this amendment or by annex- 
ation, of said "District No. 1," shall be paid by said school dis- 
trict so owning the same by special tax, to be fixed and certified 
by the Board of Education to the council, which shall levy the 
same upon the property within the boundaries of such district, 
respectively, as the same existed at the time such district 
becomes a part of said "District No. 1," and in case of partially 
included districts, such tax shall be equitably apportioned upon 
the several parts thereof. 

Sec. 8. Anything in the Constitution of this State in con- 
flict or inconsistent with the provisions of this amendment is 
hereby declared to be inapplicable to the matters and things 
by this amendment covered and provided for. 



INDEX 



A 

ACCUSED, ART. SEC. 

cannot be made to testify against himself 2 18 

not to be twice in jeopardy 2 18 

right of, to bail 2 19 

right to have counsel 2 17 

rights of in criminal cases 2 16 

ACTS — of legislature take effect in ninety days 5 19 

ADJOURNMENT, 

of legislature by governor when 4 10 

neither house adjourn for over three days 5 15 

ALIENS, 

property rights of...: 2 27 

AMENDMENTS, 

to bill, to be read 5 22 

to constitution, how adopted 19 2 

APPEALS, 

can be taken when 6 23 

APPROPRIATION, 

all money drawn on 5 33 

no claim paid without 5 28 

not to exceed tax, except 10 16 

to private institutions forbidden 5 34 

APPROPRIATION BILLS, 

contain but one subject 5 32 

general, shall embrace what 5 32 

ARBITRATION, 

legislature to pass laws concerning 18 3 

ARMS, 

right of people to bear 2 13 

ASSEMBLE, 

right to, given to people , .2 24 



64 INDEX 

ATTAINDER, ART. SEC. 

no bill of, shall be passed 2 9 

ATTORNEY GENERAL, 4 

AUDITOR OF STATE, 4 3 

B 

BALLOT, : 7 8 

C 
CANVASS, 

of votes for state officers 4 3 

for members of legislature 5 2 

CHIEF JUSTICE, 

who shall be 6 8 

CITIES, 

how classified 14 13 

incorporation of, provided for... 14 14 

levy their own tax 10 7 

may hold charter conventions 20 6 

not to be released from tax 10 8 

police courts in 6 26 

shall not pledge credit 11 1 

water supply, debt for 11 8 

COMMISSIONER OF MINES, 16 1 

COMMON CARRIERS, 

railroads declared to be 15 4 

CONSTITUTION, 

amendments to, how adopted 19 2 

CONTESTED ELECTION, 

ballots may be examined in 7 8 

for executive office, tried by legislature 4 3 

where tried 7 12 

witness at, must give testimony 7 9 

COUNTIES, 

classified for fee purposes , 14 15 

debt of, how created 11 6 

maximum 11 6 

officers of 14 8 



INDEX 65 

COUNTY COMMISSIONERS, ART. SEC. # 

compensation of 14 7 

election of 14 6 

qualifications of 14 10 

term of 14 ' 6 

vacancies in, how filled 14 9 

COUNTY SUPERINTENDENT OF SCHOOLS, 

qualifications and term of office 9 6 

COUNTY SURVEYOR, 9 6 

COUNTY TREASURER, 

collect and disburse school funds 9 4 

investigation of affairs of office of 12 5 

COURTS, COUNTY, 

appeal from 6 23 

vacancy in, how filled 14 9 

jurisdiction of 6 23 

DISTRICT, 

judges of, qualifications of 6 - 16 

salary 5 30 

term of 6 12 

jurisdiction of 6 11 

SUPREME, 

departments of 6 5 

original jurisdiction of 6 3 

personnel of 6 5 



D 
DEBT, 11 

DISTRICT ATTORNEY, 

election and qualification of 6 21 

term of office 6 21 

vacancy filled by district judge 6 29 

E 
ELECTION 7 

EXECUTIVE DEPARTMENT 4 

EX POST FACTO LAWS, 

not to be passed 2 11 



66 



INDEX 



G 
GENERAL ASSEMBLY, ART. SEC. 

acts of, when take effect 5 19 

cannot change seat of government 8 2 

cannot grant irrevocable franchise 2 11 

cannot pass ex posto facto law 2 11 

extra sessions - 4 9 

extreme length of sessions of 5 6 

vacancies in, how filled 5 2 

GOVERNOR, 

bills presented- to for signature 4 11 

commander of militia 4 5 

fill vacancies, in office 4 6 

in case of vacancy who succeeds 4 15 

lieutenant governor act as when 4 13 

term of office 4 1 

veto power of 4 11 

H 
HABEAS CORPUS, 

writ of, not to be suspended, except _ 2 21 

IMPEACHMENT, I 

who is liable to 13 7 

who is not subject to 13 2 

J 
JUSTICE OF THE PEACE, 

' election of 14 11 

jurisdiction of , 6 25 

L 
LIEUTENANT GOVERNOR, 

acts as governor when 4 13 

chosen by the people , 4 3 

LOCAL LAWS, 

when forbidden 5 25 

M 

M I N ES 16 

OFFICERS, O 

county enumeration of 14 8 

of militia, how chosen 17 3 

salaries of, how determined 4 19 



INDEX 67 

Q 
QUORUM, ART. SEC. 

in board of county commissioners 14 4 

in either house, a majority 5 11 

R 
RELIGIOUS, 

freedom insured 2 4 

tests not required 9 3 

RESIDENCE, 

for eligibility to county office 14 10 

for eligibility to state office. 4 4 

of voter, state, etc 7 1 

place of, how determined 7 4 

S 
SALARY, 

not to be increased during term 4 19 

of district judge 5 30 

of governor 5 30 

of officers, how established 4 . 19 

of supreme justices *... 5 30 

SCHOOL FUND, 

state, of what to consist 9 5 

state treasurer custodian of 9 3 

to remain intact 9 3 

county how disbursed 9 4 

SECRETARY OF STATE 4 

SHERIFF, 

when elected 14 3 

STATE INSTITUTIONS, 

legislature makes laws for 8 5 

may be established 8 1 

territorial institutions become 8 5 

under control of state 8 5 

SUPERINTENDENT OF PUBLIC INSTRUCTION, 

acts as state librarian 4 

chosen by the people. 4 

member of state land board 9 

president, board of education 9 

qualifications of 4 

term of office 4 



68 



INDEX 



T 

TAXES, ART. 

churches, etc., exempt from 10 

cities and counties, levy their own 10 

exemptions .- 10 

maximum rate of 10 

TERMS OF OFFICE, 

not to be extended 5 

of county commissioners 14 

of county judges 6 

of county officers 14 

of district attorneys 6 

of district judges 6 

of executive officers 4 

of justice of peace 4 

of legislative officers 5 

of supreme justices 6 

TREASON, 

defined . 2 

conviction of 2 

legislature cannot attaint for . 2 



SEC. 

16 
7 
3 

11 



30 
6 

22 
8 

21 

12 
1 

11 
3 
7 



V 

VACANCIES, 

in, county commissioners 

county judge 

county officers 

district attorney 

district judge 

executive department, how filled. 

governor 

lieutenant governor 

supreme justice 



4 


9 


6 


29 


4 


9 


6 


29 


6 


29 


4 


6 


4 


13 


4 


14 


6 


29 



w 

WATER, 

in streams, dedicated to public 

priority of right ... 

rate to be charged for 

rights to use, not to be denied 

WOMEN, 

legislature may grant, right to vote- 
may hold school offices 

WOMAN SUFFRAGE 



16 


5 


16 


6 


16 


8 


16 


6 


7 


2 


7 


1 



(toatttwtum 



of % 




tat? of Glulorann 



Eirtlrfa anil Mbtxt fa fag 

If tank % % SobfrtH, A. M., ptf. S. 



Afcoptrb iKarrlj 14. 1870, ani> lattfwb Julg 1. IB 76 
nrittf AmenbmpniH. 



